Lease v. Pennsylvania Co.

The appellant brought this action to recover damages of the appellee for a personal injury alleged to have been incurred by him through appellee’s negligence while the appellant was in its employment as a track foreman on appellee’s railroad in its Indianapolis and Vincennes division.

The only question presented for our determination arises from the alleged erroneous ruling of the circuit court in overruling a demurrer to the fourth paragraph of appellee’s answer. The gist of this answer is the payment to, and acceptance by, the appellant of benefits from the relief fund of the appellee’s…