MARIS, Circuit Judge.
In the District Court for the District of New Jersey the plaintiff, John Kowaleski, Administrator ad prosequendum of the Estate of Henry Kowaleski, deceased, brought suit against the defendant, The Pennsylvania Railroad Company, under the Death Act of New Jersey (Rev.1877, p. 294), R.S.N.J.1937, 2:47-1 to 2:47-6, for the death of Henry Kowaleski, his twelve year old son. The plaintiff's complaint contained the following averments:
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