McAllister v. Butler

— The appellee-plaintiff, Jack Butler, in the original action below, is deceased and this court, by order, authorized the substitution of Sammie Joan Butler, Adminis-tratrix of the Estate of Jack Butler, deceased as party-appellee.

The motion by appellee to dismiss or affirm having been held in abeyance and the court being properly advised, now denies said motion and petition to dismiss or affirm.

To proceed to the merits we find the following facts in the record:

“On May 20, 1960, the Appellee filed his complaint in the Dearborn Circuit Court to recover damages for personal injuries received in…