Mellon v. Goodyear, 277 U.S. 335 (1928)

CERTIORARI TO THE SUPREME COURT OF KANSAS

Syllabus

1. Under the Federal Employers’ Liability Act, a full settlement and release, executed advisedly and in good faith between a railroad carrier and an injured employee discharges not only the claim of the employee for personal loss and suffering resulting from the injury while he lived, but also the claim of his dependants for pecuniary damages resulting from his ensuing death. P. 339.

2. Insofar a it give an action for the benefit of dependants, the statute is essentially identical with Lord Campbell’s Act. Under both, the remedy of the dependants is conditioned on the existence in the decedent at the time of his death of a right to recover for the injury. P. 344.

121 Kan. 392 reversed.

Certiorari, 273 U.S. 684, to a judgment of the Supreme Court of Kansas affirming judgment recovered by the administrator of a deceased employee in an action under the Federal Employers’ Liability Act. See also 114 Kan. 557; 115 id. 20.