Gulf, Colorado & Santa Fe Ry. Co. v. McGinnis, 228 U.S. 173 (1913)

Gulf, Colorado & Santa Fe Railway Company v. McGinnis

No. 762

Argued January 7, 1913
Decided April 7, 1913
228 U.S. 173

ERROR TO THE COURT OF CIVIL APPEALS FOR THE THIRD

SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS

Syllabus

The Employers’ Liability Act of 1908, as heretofore construed by this Court, is intended only to compensate the surviving relatives of a deceased employee for actual pecuniary loss sustained by his death.

A recovery under the Employers’ Liability Act of 1908 must be limited to compensating those relatives for whom the administrator sues as are shown to have sustained some pecuniary loss.

While the judgment for a claim under the Employers’ Liability Act of 1908 may be for a gross amount, the interest of each individual must be measured by his or her industrial pecuniary loss; this apportionment is for the jury to return.

As the judgment in this case must be reversed on a federal question and sent back for new trial, this Court declines to express an opinion on the other questions; upon another trial, the facts may be different.

The facts, which involve the construction of the provisions of the Employers’ Liability Act of 1908 defining who are entitled to compensation for damages thereunder, are stated in the opinion.