Stewart v. Marson Construction Corp.

Appellant has taken this appeal from an adverse judgment in an action in which appellant was seeking damages for personal injuries for appellees’ alleged negligence growing out of an accident which occurred on November 2, 1956. The suit was filed at the trial court on November 1,1958.

Appellees have filed motion to dismiss the appeal alleging that on January 12, 1963, the appellant died and that this was a cause of action for personal injuries which does not survive the decedent.

Appellant’s counsel have filed memorandum in opposition contending that the action does survive under the Acts of…