
    McKinlay v. McGregor.
    1, Trespass: survivor. An action may be maintained, under the Code of 1851, against an administrator, for damages sustained by injuries inflicted upon the person of the plaintiff by the decedent.
    
      Appeal from Clayton District Court.
    
    Wednesday, December 7.
    Trespass, for an injury to the person, by McGregor; the action commenced after bis death. The court below held that the cause of action did not survive, and dismissed the case.
    
      McKinlay pro se, and Poor, Adams Crane for the appellant.
    
      Noble Drummond for the appellees.
   Weight, C. J.

It was held in Carson v. McFadden, ante, that under the Code, an action for libel, did not die with the defendant. If not, then much more clearly this action does not.

The judgment is reversed and cause remanded.  