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Practice And Procedure-Cross Claim For Wrongful Death In An Action Against Decedent's Estate, C. J. Rice

Michigan Law Review

Plaintiff's truck, driven by an agent, was involved in a collision with an automobile driven by defendants' intestate. The driver of the automobile was killed and plaintiff brought a damage action against his administrators. The trial court disallowed a cross claim brought by the administrators for the benefit of statutory beneficiaries. This cross claim was prosecuted under the wrongful death act and under a statute which permitted a defendant in a tort action to file a cross claim for damages arising out of the same transaction. Plaintiff objected to the cross claim on the ground that it was prosecuted by …