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KOWALESKI v. PENNSYLVANIA R. CO.

No. 4335.

22 F.Supp. 565 (1938)

KOWALESKI v. PENNSYLVANIA R. CO.

District Court, D. New Jersey.

March 7, 1938.

Attorney(s) appearing for the Case

E. Burke Finnerty, of Jersey City, N. J., for plaintiff.

John A. Hartpence, of Jersey City, N. J., and B. Thorn Lord, of Trenton, N. J., for defendant.

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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