Illinois Central Railroad Company v. Prudie Swift, Adm'x of the Estate of Hayward Swift, Deceased

MARTIN, Circuit Judge.

This action for damages for death by wrongful act brought by decedent’s mother, who was qualified administratrix of his estate, was tried to the district judge without the intervention of a jury. Judgment against the appellant railroad company for $45,650 was awarded the appellee.

Appellee’s intestate, Hayward Swift, a sixteen-year-old boy, was employed by appellant to work as a member of a section crew. Neither his father nor his mother gave express consent—either orally or in writing—to such employ ment. However, it appears that after learning that he had been employed…