Rogers v. Mellon

This is an appeal from a judgment for damages awarded in favor of E. J. Rogers, as administrator of the estate of Harry Barr, deceased, against Andrew Mellon, Director General of Railroads and Agent of the President. The original complaint filed August 27, 1920, alleged that plaintiff was appointed administrator of the estate of the deceased on July 19, 1920, by the probate court of Power county, and that suit was by him instituted and maintained as such administrator.

Subsequently, plaintiff was permitted over defendant’s objection to strike from the complaint paragraph 1 reciting such…