Kincaid v. Neil

Gates, P. J.,

Plaintiff, wife of decedent, brought a complaint under the Survival Act as administratrix of her deceased husband’s estate against defendant for damages as a result of his death in an automobile collision. The complaint alleges that on the date of the accident, defendant owned, possessed and operated the vehicle in which decedent was a passenger. Defendant answered the complaint by denying that she was the operator and that decedent was a passenger and averred, on the contrary, that decedent was the operator at the time of the accident.

The matter came on for trial and was heard…