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WHALEN v. YOUNG

15 N.J. 321 (1954)

104 A.2d 678

STEPHEN WHALEN, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF GEORGE WHALEN, DECEASED, AND STEPHEN WHALEN, GENERAL ADMINISTRATOR OF THE ESTATE OF GEORGE WHALEN, DECEASED, PLAINTIFFS, v. JAMES S. YOUNG, DEFENDANT-RESPONDENT, AND CARL HELM AND L. & H. TRANSPORTATION, INC., A BODY CORPORATE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 3, 1954.

Attorney(s) appearing for the Case

Mr. Charles A. Rooney argued the cause for the defendants-appellants Carl Helm and L. & H. Transportation, Inc.

Mr. H. Frank Pettit argued the cause for the defendant-respondent James S. Young.

The opinion of the court was delivered by HEHER, J.

The issue raised by this appeal is one of jurisdiction involving the defendants alone.

The action was brought on June 14, 1951 to recover damages for the pecuniary loss suffered by the next of kin of plaintiff's decedent, George Whalen, in consequence, it is said, of his death by the wrongful act, neglect or default of the defendant, James S. Young, as provided by R.S. 2:47-1 et seq., now

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