Jensen v. Elgin, Joliet & Eastern Railway Co.

The first question presented by this appeal is whether a cause of action which an injured employee has under section 1 of the Federal Employer’s Liability Act (45 U.S.C. 51) will under provisions of section 9 of the act (45 U.S.C. 59) survive his death for the benefit of his adult nondependent children. Section 9 provides that “Any right of action given by this chapter to a person suffering injury shall survive to his or her personal representative, for the benefit of the widow or husband and children of such employee * * *.” The Appellate Court, First District, construed “children” as used…