ELEANOR O'CALLAGHAN, as Executrix, etc., Plaintiff and Appellant, v. SOUTHERN PACIFIC COMPANY, Defendant and Respondent

Holding

The court held that an employer defendant could properly assert a setoff against a judgment obtained by a decedent's personal representative in a Federal Employers' Liability Act (FELA) suit for sums advanced to the decedent, despite the representative's failure to file a claim against the decedent's estate, because the FELA recovery was not an asset of the estate subject to probate administration.