Horandt v. Rosenthal

*475The opinion of the court was delivered by

Teeüstchaed, J.

This writ of error brings up a judgment upon a verdict directed for the defendant at the Bergen Circuit.

The action was brought by the administrator of Frank Horandt, deceased, to recover damages for his death.

The gravamen of the action is the failure of the defendant to warn and instruct the decedent of the dangers of the work in which he was engaged, which were known to the defendant and unknown to the decedent.

The evidence upon the part of the plaintiff at the trial would iiave justified the jury in finding the matters of fact…