TESORIERO v. ERIE R. CO.

No. 14085.

6 F.Supp. 815 (1934)

TESORIERO v. ERIE R. CO.

District Court, E. D. New York.

April 30, 1934.


Attorney(s) appearing for the Case

Horace M. Gray, of New York City, for libelant.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City, for respondent.


BYERS, District Judge.

The respondent in an admiralty cause in personam moves for judgment, in a death case, because the libel shows that it was not filed within two years from the decedent's death, which occurred on May 12, 1926. The libel was filed on or about January 24, 1934.

Section 130 of the New York Decedent Estate Law (Consol. Laws N. Y. c. 13) provides that the personal representative of a decedent who is survived by a husband, wife, or next of kin...

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