New Orleans, M. & C. R. v. Jones

Citations

• 111 Miss. 852
• 72 So. 681

Syllabus

<p>1. Master and Servant. Federal employers’ liability act. RigTit to sue under state statute.</p> <p>The federal employers’ act (U. S. Comp. St. 1913, section 8657), providing that suits shall be brought by the personal representative of a deceased person “for the benefit of the .surviving widow or husband and children of such employee; and if none, then such employee’s parents; and if none, then to the next of kin dependent upon such employee,” is paramount and exclusive, and no suit can be brought under state law for injury or death of an employee of a common carrier railroad, who is injured while engaged in and about the transportation of interstate commerce.</p> <p>2. Same.</p> <p>The half brother of a railroad porter, killed in interstate service, cannot recover for the death, where defendant left surviving him neither widow, children, parent nor 'dependent relative; either under the federal employers’ liability act, because he is not provided for therein, nor under the state law because in enacting the federal employers’ liability act, the entire subject-matter of the liability of interestate carriers to their employees, while engaged in interstate commerce, was covered by act of Congress.</p>