Gottlieb v. North Jersey Street Railway Co.

The opinion of the court was delivered by

Garrison, J.

This action was brought under the Death act (Gen. Stab., p. 1118) by an administrator who is the husband of the deceased, who left surviving her, as her next of kin, one son. The action can be maintained only when there is in existence a person for whose benefit it is given. Cooper v. Shore Electric Co., 34 Vroom 558, 565.

Neither the husband nor the son occupies this position. The husband does not because he is not next of kin. Grosso v. Delaware, Lackawanna and Western Railroad Co., 21 Vroom 317; Myers v. Holborn, 29 Id. 193.

The son does…