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STEWART v. NORTON

6 N.J. 591 (1951)

80 A.2d 111

MAE M. STEWART, ADMINISTRATRIX OF THE ESTATE OF RANDALL E. STEWART, DECEASED, AND MAE M. STEWART, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF RANDALL E. STEWART, DECEASED, PLAINTIFFS-APPELLANTS, v. HENRY K. NORTON, TRUSTEE OF THE PROPERTY OF THE NEW YORK, SUSQUEHANNA & WESTERN RAILROAD COMPANY, A BODY CORPORATE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Reargued January 29, 1951.

Decided April 9, 1951.

Attorney(s) appearing for the Case

Mr. Samuel Doan argued the cause for the appellants (Mr. Louis C. Friedman on the brief; (Mr. Charles C. Stalter, attorney).

Mr. Charles S. Barrett, Jr. argued the cause for the respondent (Messrs. Lum, Fairlie & Foster, attorneys).

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

Randall E. Stewart was killed when the automobile he was driving was struck by the engine of a train of the New York, Susquehanna and Western Railroad Company at a grade crossing in the Borough of Hawthorne. His widow, Mae M. Stewart, instituted this action as administratrix of his estate and also as administratrix ad prosequendum under the "Death Act," R.S.<...

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