Callaghan v. Lake Hopatcong Ice Co.

The opinion of the court was delivered by

Pitney, J.

This is an action of tort, and in the declaration the plaintiff is described as “Philip- G-. Callaghan, the father of William H. Callaghan, a minor, deceased.” There is no averment that the plaintiff has letters -of administration upon the estate of 'his son. The declaration sets forth that the defendant employed the said William H. Callaghan to ■work in and about a certain ice-house, and the structures connected therewith, for hire paid by the defendant to the said William H. Callaghan, and that, by reason of the negligence of the defendant…