Kennedy v. David Kaufman & Sons Co.

• Decision Date: 16 November 1914
• Citation: 92 A. 1086
• Parties: KENNEDY v. DAVID KAUFMAN & SONS CO.
• Court: New Jersey Supreme Court

92 A. 1086

KENNEDY

v. DAVID KAUFMAN & SONS CO.

Court of Errors and Appeals of New Jersey.

Nov. 16, 1914.

Appeal from Supreme Court. Action by Henrietta I. Kennedy, administratrix of James E. Kennedy, against the David Kaufman & Sons Company. From a decree of the Supreme Court (91 Atl. 99), sustaining a motion to strike out the complaint, complainant appeals. Affirmed.

J. A. Kiernan, of Elizabeth, for appellant.

Francis A. Gordon, of Elizabeth, for respondent.

PER CURIAM. From the judgment entered pursuant to the foregoing memorandum, the plaintiff appeals. The only question presented to the court below was one of statutory construction, and, in our opinion the statute was rightly construed by Mr. Justice Bergen (91 Atl. 99) with reference to the facts pleaded, and the judgment of the court below will be affirmed, for the reasons stated by him in his memorandum.