Cleaves v. Yeskel

The opinion of the court was delivered by

Walicek, Chancellob. .

This suit was commenced in the Supreme Court, Essex county, by the administratrix ad prosequendum of decedent, to recover damages from the defendants for the death of plaintiff’s intestate, and on the first trial the judge of the Circuit Court granted a nonsuit. This was reversed in an opinion by this court (102 N. J. L. 621), upon the ground that it was open to the jury to ascertain from the facts whether the deceased as servant was in pursuance of the orderly and expeditious transaction of the master’s business and with his…