Factor

Petitioner herein is the plaintiff in an action for damages commenced in 1966. Harold S. Farnell, aka Jack Farnell, is named as one of several defendants in that action. Said defendant died during the pendency of this action. His wife, Grace W. Farnell was the executrix under his will, and she is named herein as the real party in interest. For convenience the petitioner will hereafter be referred to as plaintiff, the decedent as defendant, and the real party in interest as defendant’s executrix.

The complaint alleges that plaintiff owned a valuable racehorse and had arranged through defendants to have it transported from Los Angeles to New York via air freight; that as a result of the negligence of the defendants in loading the horse onto the plane, the horse was permitted to fall into a hole between the loading ramp and the plane. Plaintiff’s suit prayed for damages in the amount of $175,000 against the defendants, individually, contending that each of these parties was in some way responsible for the injury to the animal. Defendant’s insurance carrier undertook the repre *348 sentation of defendant and has continued to represent him throughout the proceedings.

On May…