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STOLZ v. NEW YORK CENT. R. R. CO.

7 N.Y.2d 269 (1959)

Agnes V. Stolz, as Administratrix of The Estate of Henry G. Stolz, Deceased, Appellant, v. New York Central Railroad Company, Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

John R. Davison and Benjamin S. Wolman for appellant.

Earl H. Gallup, Jr., and Charles E. Nichols for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, VAN VOORHIS and BURKE concur.

FROESSEL, J.

These consolidated actions, one for wrongful death and the other for pain and suffering, were instituted by plaintiff, as administratrix of the estate of Henry G. Stolz, under the Federal Employers' Liability Act (U. S. Code, tit. 45, §§ 51-60, hereinafter referred to as the F.E.L.A.). The complaints were dismissed below on the ground that plaintiff lacked capacity to sue, but "without prejudice...

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