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JENSEN v. ELGIN, JOLIET & EASTERN RY. CO.

No. 36686.

24 Ill.2d 383 (1962)

182 N.E.2d 211

NANCY JENSEN, Admx., Appellant, v. ELGIN, JOLIET AND EASTERN RAILWAY COMPANY, Appellee.

Supreme Court of Illinois.

Rehearing denied May 23, 1962.

Attorney(s) appearing for the Case

SAMUEL E. BUBLICK and MEYER Z. GRANT, of Chicago, (NAT P. OZMON, of counsel,) for appellant.

STEVENSON, CONAGHAN, HACKBERT, ROOKS and PITTS, of Chicago, (HARLAN L. HACKBERT, of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE HOUSE delivered the opinion of the court:

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...

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