Joseph McKenna

“ If under § 1, the cause of action was not derived from the deceased in the sense of a succession from him. As said in one of the cited cases, her cause of action was 'one beyond that which the decedent had,-one proceeding upon altogether different principles.' It came to her, it is true, on account of his death, but because of her pecuniary interest in his life and the damage she suffered by his death. It was her loss, not that which his father may have suffered. The judgment she recovered was for herself alone. ”

“ The state statute gave the right of action to the surviving husband, wife, children, and parents; the Federal statute vested the right of action in the personal representative of the deceased for certain named beneficiaries, the parents of the deceased having no rights if there be a widow, husband, or children. The railroad company, therefore, interposed the objection grounded on the Federal statute that the plaintiffs were not entitled to recover on the case proved. ”

“ If the remedy afforded by our laws be concurrent with that provided by Congress, then we think that our public policy will not permit an administratrix appointed by our courts under our laws, to use the Federal statute simply for the purpose of defeating our statute of distribution of personal property.' The court of appeals expressed the opinion that the case presented a case of conflict between the Federal and state statutes, and determined that the state statutes must prevail. ”