BLACK, J.
This damage action arose out of a security guard's accost and accusation of plaintiff as a suspected shoplifter from defendant Arlan's Department Store in Saginaw. The security guard died before the trial. The date of death does not appear. His testimony was not taken by deposition and so was not available for the issue of probable cause and such other issues as may during the trial have arisen under the "excepting when it is proved" provision of PA 1958...
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