Hoffman v. Delaware & Hudson Co.

This action has been brought to recover damages for the benefit of the next of kin of Joseph Hudson, deceased. The complaint alleges that his death was caused by the negligence of defendant. He died September 27, 1909. Action was brought within two years thereafter. The complaint therein was dismissed on the trial at the close of plaintiffs’ case, and the judgment entered upon such dismissal was thereafter affirmed by the Court of Appeals. The present action, for the same cause as the former, was commenced February 6, 1913, within one year after the decision by the Court of Appeals, but more…