Rogers v. Lehman

PEE CUEIAM.

Priscilla Eogers, appearing through, her guardian ad litem, brought an action to recover damages for personal injuries. A verdict was returned for defendants. Plaintiff appeals from the judgment entered on that verdict. Defendants move to dismiss the appeal on the ground, that plaintiff, Priscilla Eogers, died pending the appeal.

OES 121.010 provides that “[a] cause of action arising out of an injury to the person dies with the person of either party * * * but the provisions of OES . * • * 121.010 * * * shah not abate the action mentioned in OES 13.090 * * OES 13.090 provides as…