BURKE v. CENTRAL RAILROAD CO. OF N.J.


42 N.J. Super. 387 (1956)

126 A.2d 903

VIRGINIA BURKE, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF FRANK B. JONES, DECEASED, PLAINTIFF-RESPONDENT, v. THE CENTRAL RAILROAD COMPANY OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 9, 1956.


Attorney(s) appearing for the Case

Mr. Samuel A. Larner argued the cause for appellant (Messrs. Budd, Larner & Kent, attorneys).

Mr. Edward J. Madden argued the cause for respondent (Mr. Samuel M. Cole, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.


GOLDMANN, S.J.A.D.

Defendant appeals from a judgment of voluntary dismissal without prejudice and without terms or conditions (except for the usual costs), entered in the Law Division on plaintiff's motion.

Plaintiff, as administratrix ad prosequendum, brought this action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., seeking damages for the accidental death of her decedent, an employee of defendant railroad...

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