Poff v. Pennsylvania Railroad

Congress provided in the Federal Employers’ Liability Act (35 Stat. 65, 45 U. S. C. § 51) that the carrier’s liability in case of the death of an employee runs

“to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee’s *400parents; and, if none, then of the next of kin dependent upon such employee ...”

The deceased, residing in Pennsylvania, was a railroad engineer employed by respondent and was killed while engaged in its service in interstate commerce. Respondent’s negligence was conceded. The…