
    Ohio & Pennsylvania Coal Co. v. Smith, Adm’r.
    
      Pending acticni for damages — • When does not abate by plaintiffs death. “
    A pending action to recover damages for injuries caused by the negligence of the defendant does not abate by the death of the plaintiff.
    Decided June 27, 1895.
    Error to the Circuit Court of Columbiana county.
    For injuries claimed to have been caused by the negligence of the Ohio and Pennsylvania Coal Company and its agents, Henry Davidson, then in life, commenced an action against the company to recover damages. On a trial had a judgment was rendered in his favor, which was afterward set aside on error by the circuit court, and a new trial awarded. Afterward, and before the new trial was had, Davidson died, and the action was revived in the name of his administrator, Alexander G. Davidson.
    A trial was then had, which resulted in a verdict and judgment against the company. It was claimed that on the death of the plaintiff the action abated under section 5144, Revised Statutes, and that the court erred in permitting’ it to be reversed. On error the judgment was affirmed by the circuit court. Error is prosecuted, to this court to reverse the judgment on the ground, among other assignments, that there was error in the revivor of the action.
    
      
      Blandin <& Rice, John W. Morrison, and II. M. Daugherty, for plaintiff in error.
    
      Alex. G. <& P. M. Smith, & P. M. Ashford, for defendant in error.
   By the Court:

We see no error in the ruling of the court. The action was a pending one at the death of the plaintiff. It is not within any of the enumerated exceptions of section 5144, and was, therefore, properly revived and prosecuted to judgment.in the name of the administrator of the deceased plaintiff.

Judgment affin-med.  