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JOHNSON v. KEY SYSTEM TRANSIT LINES

Docket No. 19840.

210 Cal.App.2d 440 (1962)

26 Cal. Rptr. 574

MELVIN C. JOHNSON, as Special Administrator, etc., Plaintiff and Appellant, v. KEY SYSTEM TRANSIT LINES et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

December 3, 1962.

Attorney(s) appearing for the Case

Walter H. Medak for Plaintiff and Appellant.

Hardin, Fletcher, Cook & Hayes and Cyril Viadro for Defendants and Respondents.

DRAPER, P.J.

This is a case of first and, probably, last impression. The question is whether an action for wrongful death survives the plaintiff heir. No California decision directly passes upon it. By amendment effective September 15, 1961 the statute (Prob. Code, § 573) now provides expressly for such survival.

[1] In 1956, Melvin L. Johnson was killed in the collision of a train of defendant and the automobile in which he was riding. His...

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