DETHMERS, J. (dissenting).
This is a suit under the survival act and the wrongful death act, for injury and death of plaintiff's decedent. From verdict and judgment of no cause for action for defendant Shinville, plaintiff appeals. No appeal is taken from dismissal as to the other 2 defendants.
Defendant's negligence and contributory negligence of plaintiff's decedent were placed in issue by the pleadings. Plaintiff says "the charge of the court is...
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