Kraushaar v. Leschin

BARD, District Judge.

On December 23, 1943, plaintiff as administrator ad prosequendum of the Estate of Jay W. Weil, deceased, instituted the present action, pursuant to the Wrongful Death Act of New Jersey,1 to recover damages for the death of his intestate, which occurred on January 7, 1942. On February 8, 1944, the defendant filed an answer denying the allegations of the complaint. On March 21, 1944, defendant filed a motion for judgment on the pleadings on the ground that the action was barred by the one-year Pennsylvania statute of limitations for this type of action.2 Argument was had on…