Knabe v. Hudson Bus Transportation Co.

The opinion of the court was delivered by

Pakkek, J.

The fundamental point before us is the same as that decided by the Supreme Court in Coulter, Administrator, v. New Jersey Pulverizing Co., 11 N. J. Mis. R. 5. Appellant is executrix of the will of her husband and sues for damages under the statute for a wrongful act causing his death. Judge Brown sitting as commissioner, ordered the complaint struck out because deceased had not himself brought suit within two years; and final judgment was entered for defendants.

The complaint averred facts indicating an injury to appellant’s testator on…