Survival of right of action of person injured

United States Code

Section: 59

Jurisdiction: US

Bluebook Citation: 45 U.S.C. § 59


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How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.

Highly CitedTop 1% most-cited · cited by 107 decisions
107
Citing decisions
6+
Courts citing

Citations by decade

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Courts citing this statute

5th Cir.6
S.D.N.Y.6
U.S.6
E.D. Pa.4
M.D. La.4
1st Cir.3
Most recently cited by10
  • 2026Ryan v. Argent Marine Management, Inc.
  • 2025Silva v. West Texas Frac Sand Logistics LLC D.N.M.
  • 2025Edwards, D. v. Norfolk Southern Railway Pa. Super. Ct.
  • 2025Estate of Phillip Raymond Morgan, by Administrator, Personal Representative, Kera Morgan v. Union Pacific Railroad Company, a Delaware corporation Iowa
  • 2023Bartel v. Maersk Line, Ltd. N.Y. App. Div.
  • 2023FINELLO v. FOSTER WHEELER LLC E.D. Pa.
  • 2023Bartel v. Farrell Lines N.Y. App. Div.
  • 2022Boulder County Commissioners v. Suncor Energy 10th Cir.
  • 2022Starr v. Cleveland-Cliffs Iron Company N.D. Ohio
  • 2021Deakle v. Westbank Fishing LLC E.D. La.

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.


Text

Any right of action given by this chapter to a person suffering injury shall survive to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee, and, if none, then of such employee’s parents; and, if none, then of the next of kin dependent upon such employee, but in such cases there shall be only one recovery for the same injury. (Source: (Apr. 22, 1908, ch. 149, § 9, as added Apr. 5, 1910, ch. 143, § 2, 36 Stat. 291.))

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