Lytle v. So. Ry. &8212 Carolina Division

(dissenting) : This is an action under the Federal Act known as the Federal Employers’ Liability Act (45. U. S. C. A., §§ 51-59) for damages on account of the wrongful death of one Alf Lytle, an employee of the defendant, while both he and the company were engaged in interstate commerce. The action is brought for the benefit of Polly Lytle, the mother of the deceased.

It is alleged in the complaint that the deceased left surviving him a widow and no children. Under the specific terms •of the Federal Act, such an action must be brought for the benefit of the surviving widow. The plaintiff seeks…