The Sylvan Glen

Benedict, D. J.

This action is brought by John Welsh, administrator of Margaret Welsh, deceased, to recover, for the benefit of himself and the next of kin of Margaret Welsh, the damages sustained by him and such next of kin by reason of the death of said Margaret Welsh, which death, it is averred, was caused by the negligence of those in charge of the steam-boat Sylvan Glen, in running over a small boat wherein the deceased was being transported upon the East river.

It is supposed by the libellant that the determination of the case depends upon the question of fact whether the death in…