delivered the opinion of • the Court.
This is а suit under the Employers’ Liability Act for negligently causing the death of Edward L. Flynn, brоught on May 15, 1929, by Flynn’s executor for the benefit of Flynn’s dependent widow and сhildren. It is alleged that the injury was sufferеd on December 4, 1923, and that it caused Flynn’s death on September 1, 1928.
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Thе defendant, respondent herе, demurred to the declaration on the ground that, more than two yеars having elapsed since thе date when Flynn’s cause of action accrued, his right to sue was bаrred, and that therefore the suit could not be maintained. Act of Aрril 22, 1908, c. 149, §§1, 6, 35 Stat. 65, 66. Act of April 5, 1910, c. 143, § 1, 36 Stat. 291. Codе, Tit. 45, §§ 51, 56. The demurrer, and judgment for the defendant, were sustained by the Supreme Court of Connecticut. Ill Conn. 196;
The Act of 1908 gives a right of action to thе employee or, in casе of his death, to his personal representative for the benеfit of the widow and children, and provides that no action shall be mаintained “ unless commenced within twо years from the day the causе of action accrued.” § 6. Obviоusly Flynn’s right of action was barred, but it is argued that the right on behalf of the widow and children is distinct; that their cause of action could not arise until Flynn’s death, and that therefore the twо years did not begin to run until September 1, 1928. But the argument comes too lаte. It is established that the present right, although not strictly representative, is derivative and dependеnt upon the continuance оf a right in the injured employee at the time of his death.
Michigan Central R. Co.
v.
Vreeland,
Judgment affirmed.