Kenney v. Seaboard Air Line Railway Co.

This is an action for wrongful death under the Federal employers’ liability act by the administrator of an illegitimate child.

The Federal statute provides that such action shall be maintained “for the benefit of the surviving widow or husband and children of such employee; and if none, then of such employee’s parents; and if none, then of the next of kin dependent upon such employee.” The mother of the intestate is dead, but left two sons and a daughter of tender age and dependent, born in wedlock.

The sole contention of the defendant requiring our consideration is that the expression “next of…