King v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Whedbee, J., at October Term, 1910, of New HaNOVER. The plaintiff brings this action to recover damages for personal injuries caused, as he alleges, by the negligence of the defendant. The defendant denies negligence and alleges, as a defense, that the defendant maintains a relief department; that the plaintiff was a member-thereof, and that after he was injured he accepted benefits from said department, which, under its rules and regulations, bars a recovery.
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Appeal from Whedbee, J., at October Term, 1910, of New HaNOVER. The plaintiff brings this action to recover damages for personal injuries caused, as he alleges, by the negligence of the defendant. The defendant denies negligence and alleges, as a defense, that the defendant maintains a relief department; that the plaintiff was a member-thereof, and that after he was injured he accepted benefits from said department, which, under its rules and regulations, bars a recovery. Evidence was offered by the plaintiff in support of his contention. The defendant introduced evidence in rebuttal, and…
1Opinion of the Court
Aluekt, J.,
after stating the case: The plaintiff having introduced evidence tending to prove that he was injured by the negligence of the defendant, it follows that there was error in the ruling- of his Honor, unless' the acceptance of benefits from the relief department by the plaintiff, after his injury, operates to release the defendant company from liability. We think it does not have this effect under the evidence in this case, for two reasons:
1. It does not appear that there is any consideration for the release, moving from the defendant. The answer alleges that the defendant has…
2Cases cited38 opinions
- Holden v. HardySupreme Court of the United States · 1898
- Hume v. United StatesSupreme Court of the United States · 1889
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MontgomeryIndiana Supreme Court · 1898
- Kromer v. . HeimNew York Court of Appeals · 1879
- Petty v. Brunswick & Western Railway Co.Supreme Court of Georgia · 1900
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