Hartis v. . Electric R. R.

BROWN, J., dissenting; WALKER, J., concurring in dissenting opinion. It is alleged that Maggie J. Hartis was injured by the negligence of the defendant on 24 May, 1910, and soon thereafter the said Maggie J. Hartis and her husband commenced an action against the defendant to recover damages for the injury.

During the pendency of that action the deposition of the said Maggie J. Hartis was regularly taken and filed, and thereafter the said Maggie J. Hartis died.

This action was then commenced by J. M. Hartis, as administrator of his wife, to recover damages for her wrongful death, caused, as the…