Opinion
Argued November 7, 1975
Decision released November 25, 1975
Action to recover for damage to property, alleged to have been caused by the negligence of the defendant, brought to the Circuit Court in the second circuit and transferred to the Court of Common Pleas in Fairfield County; judgment of dismissal by the court, McGuinness, J., for failure of the plaintiff to prosecute the action, from which the plaintiff appealed to this court. Appeal dismissed.
J. Roger Shull, for the appellant (plaintiff).
No appearance for the appellee (defendant).
This appeal is from a judgment dismissing the plaintiff's tort complaint. The judgment is dated January 3, 1974. The record discloses that the defendant died, and his death was suggested on the record, April 16, 1973. No administrator or executor has been substituted for the deceased defendant pursuant to the provisions of 52-599 of the General Statutes. The appeal accordingly is dismissed on the authority of Boucher Agency, Inc. v. Zimmer, 160 Conn. 404, 407, 279 A.2d 540, and Barton v. New Haven, 74 Conn. 729, 730, 52 A. 403.