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MARSDEN v. O'CALLAGHAN

No. 7539.

77 N.W.2d 531 (1956)

Dorothy MARSDEN, as Administratrix of the Estate of Ellis Coley Marsden, deceased, and as Trustee for the Workmen's Compensation Bureau, Plaintiff and Respondent, v. Garry O'CALLAGHAN, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied July 2, 1956.

Attorney(s) appearing for the Case

Higgins & Donahue, Bismarck, for defendant and appellant.

William S. Murray, Bismarck, for plaintiff and respondent.

JOHNSON, Judge.

This action was originally brought by Ellis Coley Marsden as plaintiff. After his death, by stipulation of the parties and order of the trial court, Dorothy Marsden, his widow, as administratrix of his estate, was substituted as plaintiff for him. The stipulation stated: "shall succeed to any right of action which the deceased might have." The cause of action did not abate by the death of the plaintiff. Section...

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