Hackensack Trust Co. v. Vanden Berg

The opinion of the court was delivered by

Parker, J.

The question for decision is whether an action of tort may be lawfully begun for the recovery- of damages under the Death act of 1848 (Pamph. L., p. 151; Gomp. Stat., *519p. 1901), alter the death of the tort-feasor, and against his personal representatives, so long as it is within the statutory period of twenty-four months, as in this ease. The complaint shows that plaintiffs intestate was riding as a passenger for hire or an invited guest in an automobile owned and driven by Wynand Vanden Berg, deceased, and that by reason of his sole…