Kensey v. Central R.

BUFFINGTON, Circuit Judge.

In the court below Mrs. Eva C. Kensey, administratrix of John Kensey, brought suit against tho Central Railroad Company of New Jersey to recover damages for its alleged negligence which it is contended caused the death of said decedent. On the trial the judge granted defendant’s motion for' a nonsuit; whereupon plaintiff took this appeal, assigning for error the entry of the nonsuit. After argument and due consideration, we are of opinion no error was committed.

The facts in the case were as follows: The decedent, an employee of defendant, was a brakeman of a…