Ellis v. Pennsylvania Railroad

The opinion of the court was delivered by

Garrison, J.

This is a motion for non pros., and for the allowance of costs in favor of defendant against the plaintiff, who is an administrator suing under the “Death act.'’ The *350court granted the non pros., but reserved the question of costs, with leave to defendant to submit a memorandum in support of the apjilication therefor against the administrator, which has now been handed to the court.

In his memorandum counsel frankly admits that in the case of Kinney v. Central Railroad Co. (1870), 34 N. J. L. 273, this court decided that a defendant could not…