FORMAN, District Judge.
Plaintiff sues under the Death Act of New Jersey, R.S.1937, 2:47-1 to 2:47-6, 2 Comp.St.1910, p. 1907, § 7, Comp.St. Supp.1924 § 55 — 10, for the death of his twelve year old son. He makes the following pertinent allegations:
"4. On said July 25th, 1933, the said decedent Henry Kowaleski, was a trespasser upon certain railroad tracks running through the City of South Amboy in Middlesex County, New Jersey, over which...
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