Taylor v. Taylor, 232 U.S. 363 (1914)

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Taylor v. Taylor

No. 224

Argued January 30, 1914
Decided February 24, 1914
232 U.S. 363

ERROR TO THE SUPREME COURT

OF THE STATE OF NEW YORK

Syllabus

The Employers’ Liability Act of 1908, as amended in 1910, supersedes all state statutes upon the subject covered by it, and the distribution of the amount recovered in an action for death of an employee is determined by the provisions of that act, and not by the state law.

The source of right of the widow of an employee of an interstate carrier to maintain an action for his death is the federal statute, whether the cause of action is based on § 1 or § 9, and the father of the deceased is not entitled to share in the amount recovered.

The facts, which involve the construction of the Federal Employers’ Liability Act of 1908 as amended in 1910, are stated in the opinion.