Perth Amboy Gas Light Co. v. Kilek

The opinion of the court was delivered by

Campbell, J.

Eva Kilek, appellant’s wife, died Eebruary 15th, 1936. The cause of death set forth in the certificate of death was "suffocated by illuminating gas. Accident.”

On August 16th, 1936, appellant, as administrator ad prosequendum, brought suit against respondent under the Death act, charging that the death of his wife was due to negligence of the respondent in permitting illuminating gas to escape from its mains into the premises occupied by the appellant and his family. On January 13th, 1937, a few days before the cause was coming on for trial,…