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HAMMOND v. PENNA. R.R. CO.

31 N.J. 244 (1959)

156 A.2d 689

MARGARET HAMMOND, ADMINISTRATRIX AD PROSEQUENDUM, ETC., ET ALS., PLAINTIFFS-APPELLANTS, v. THE PENNSYLVANIA RAILROAD CO., NEW YORK & LONG BRANCH RAILROAD CO., AND P.S. WENTZ, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 21, 1959.

Attorney(s) appearing for the Case

Mr. Eugene Capibianco argued the cause for plaintiffs-appellants.

Mr. Stephen A. Argeris argued the cause for defendant-respondent, New York and Long Branch Railroad Company (Messrs. Hanlon, Argeris & Crahay, attorneys; Messrs. Wm. F. Hanlon and Stephen A. Argeris, of counsel).

The opinion of the court was delivered by WEINTRAUB, C.J.

The single question presented is whether illegitimate children are "children" within the meaning of the Federal Employers' Liability Act, 45 U.S.C.A. § 51. Upon motion the complaint was dismissed. We certified the appeal before the Appellate Division acted upon it.

The complaint alleged the deceased John Hammond was survived by his five children...

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