Hammond v. Pennsylvania Railroad

The opinion of the court was delivered by

Weintbaxtb, C. J.

The single question presented is whether illegitimate children are “children” within the meaning of the Federal Employers’ Liability Act, 45 U. S. C. A. § 51. Upon motion the complaint was dismissed. We certified the appeal before the Appellate Division acted upon it.

The complaint alleged the deceased John Hammond was survived by his five children, all under the age of 21 years, who “were dependent upon the said John Hammond for support, maintenance, nurture and education, all of which have been lost by his death.” The federal statute…