United States Supreme Court Cases & Opinions

U.S. Supreme Court

Flynn v. New York, N.H. & H. R. Co., 283 U.S. 53 (1931)

Flynn v. New York, New Haven & Hartford Railroad Co.

No. 235

Argued March 12, 1931

Decided March 23, 1931

283 U.S. 53

Syllabus

The Employers' Liability Act gives a right of action to the employee, or, in case of his death, to his personal representative for the benefit of the widow and children, and provides that no action shall be maintained unless commenced within two years from the day the cause of action accrued. Held that the right of the representative is derivative, and depends upon the continuance of a right in the injured employee at the time of his death, so that, where the right of the employee was extinguished before he died, by the lapse of the prescribed period, there was no right in his executor, on behalf of his widow and children. P. 283 U. S. 56.

111 Conn.196, 149 A. 682, affirmed.

Certiorari, 282 U.S. 821, to review a judgment in favor of the Railroad Company in an action under the Federal Employers' Liability Act.

Page 283 U. S. 55