Pecos & Northern Texas Ry. Co. v. Rosenbloom, 240 U.S. 439 (1916)
U.S. Supreme CourtPecos & Northern Texas Ry. Co. v. Rosenbloom, 240 U.S. 439 (1916)
Pecos & Northern Texas Railway Company v. Rosenbloom
Submitted February 24, 1916
Decided March 13, 1916
240 U.S. 439
If an employ of an interstate carrier is employed in interstate commerce when killed, the right of recovery against the carrier depends upon the Federal Employers' Liability Act, which only permits suits by a personal representative for the benefit of the sruviving widow or husband and children if there be such, and, in view of the pleading and testimony in this case, held that it was error for the trial court to refuse an instruction to the effect that, if the employ was at the time of his death engaged in interstate commerce, the widow of deceased could not maintain an action against the employer for the benefit of herself, as next friend for her minor children, and for the use and benefit of parents of deceased.
141 S.W. 174 reversed.
The facts, which involve the application and construction of the Federal Employers' Liability Act, are stated in the opinion.