Jongebloed v. Erie Railroad

This is a motion brought by the defendant for an order dismissing the complaint for failure to set forth a cause of action, particularly upon the ground that the plaintiff is not the proper party plaintiff under the New Jersey Death Act (Revised Statutes of New Jersey 2:47-1 et seq., as amd.) and that the action was not properly commenced within two years, the Statute of Limitations prescribed in that Act.

This is a death, action arising out of a collision between an automobile and the defendant’s train on January 2, 1941, in Ramsey, N. J. The defendant asserts that at the time the action…