Ferak v. Elgin, Joliet & Eastern Railway Co.

Mr. PRESIDING JUSTICE LORENZ

delivered the opinion of the court:

Decedent brought this action under paragraph 1 of the Federal Employer’s Liability Act. (45 U.S.C. par. 51, et seq.) He died prior to trial and his son, as special administrator of his estate, was substituted as plaintiff. This cause proceeded to trial before a jury and a verdict in the amount of $75,000 was rendered in favor of plaintiff. On appeal defendant contends: (1) the cause of action for personal injuries to decedent did not survive to his adult non-dependent son; (2) the survival action was barred by failure of plaintiff…