Gregutis v. Waclark Wire Works

The opinion of the court was delivered by

Teionuiiaed, J.

This action was brought by the administratrix of the decedent to recover, under the Death act (Pamph. L. 1848, p. 151; Comp. Stat., p. 1907), damages for his death.

The defendant, moved before Mr. Justice Bergen to strike out the complaint on tire ground that it disclosed no cause of action. The motion was granted and the plaintiff appeals from the judgment subsequently entered,

The complaint averred, in effect, that on September 15th, 1913, the decedent was hired and employed by the defendant company; that whilst so employed he was killed…