Pittsburgh National Bank, Administrator of the Estate of Clifford B. Waltham, Deceased v. The Pennsylvania Railroad Company

BIGGS, Chief Judge.

This is an appeal by the plaintiff from an adverse judgment of the court below sitting without a jury. Pittsburgh National Bank brought this action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., and the Safety Appliance Act, 45 U.S.C.A. §§ 1-23, seeking damages for the death of Clifford B. Waltham, an employee of the Railroad, on behalf of Ivor R. Waltham, an adult brother of the deceased who claims to be a “next of kin dependent” on the dead man. The court below concluded as a matter of law that Ivor was not a dependent of Clifford and that no act of…