Pecos & Northern Texas Railway Co. v. Rosenbloom

Citations

• 240 U.S. 439
• 36 S. Ct. 390
• 60 L. Ed. 730
• 1916 U.S. LEXIS 1466

Syllabus

<p>If an employé of an interstate carrier is employed in interstate commerce when killed,, the right of rec'overy against the carrier depends . upon the Federal Employers’ Liability Act, which only periprits suits by a. personal representative for the benefit of the surviving widow or husband and children if there be such;'and, in view of the pleadings and testimony in this case, held that it was error for the trial court to refuse an instruction to the effect that if the employé 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.</p> <p>141 S. W..Rep. 174, reversed.</p>