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POFF V. PENNSYLVANIA R. CO., 327 U. S. 399 (1946)

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U.S. Supreme Court

Poff v. Pennsylvania R. Co., 327 U.S. 399 (1946)

Poff v. Pennsylvania R. Co.

No. 484

Argued February 1, 1946

Decided February 25, 1946

327 U.S. 399


The Federal Employers' Liability Act provides that the liability of the carrier under the Act shall extend, in case of the death of the employee,

"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 parents; and, if none, then of the next of kin dependent upon such employee."

Held, where a decedent left no spouse, children or parents, a cousin who was dependent on the decedent had a right of recovery, even though the decedent was survived also by nearer next of kin who were not dependent and could not recover. P. 327 U. S. 401.

150 F.2d 902, reversed.

In a suit under the Federal Employers' Liability Act, the district court gave judgment for the plaintiff. 57 F.Supp. 625. The circuit court of appeals reversed. 150 F.2d 902. This Court granted certiorari. 326 U.S. 712. Reversed, p. 327 U. S. 402.

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