Jensen v. Elgin

Rehearing denied May 23, 1962. 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 in section 9 to mean ""minor dependent children"" and reversed a judgment of the circuit court of Cook County awarding to the personal representative of Ole Jensen, deceased, for the benefit of his three adult nondependent children, $10,000 for damages sustained by Jensen during his lifetime. Jensen v. Elgin, Joliet and Eastern Railway Co. 31 Ill. App.2d 198.