Legal Opinion

Riddell v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided January 4, 1919No. Appeal, No. 69PublishedCited by 5 opinions

Appeal, No. 69, Oct. T., 1918, by defendant, from judgment of O. P. Butler Co., Dec. T., 1914, No. 45, on verdict for plaintiff in case of James Leslie Riddell, by Ms next friend, John B. Riddell, v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Reiber, P. J. The case turned on whether the plaintiff in accepting benefits from the company’s relief association had not barred himself from recovering damages in an action at law.

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Appeal, No. 69, Oct. T., 1918, by defendant, from judgment of O. P. Butler Co., Dec. T., 1914, No. 45, on verdict for plaintiff in case of James Leslie Riddell, by Ms next friend, John B. Riddell, v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Reiber, P. J. The case turned on whether the plaintiff in accepting benefits from the company’s relief association had not barred himself from recovering damages in an action at law. Verdict and judgment for plaintiff for $14,222.50. Defendant appealed. Error assigned was order refusing judgment for defendant…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

James L. Riddell, an employee of the Pennsylvania Railroad Company, on June 4, 1912, when but eighteen *584and a half years of age, made written application.for membership in the latter’s relief association, and was duly accepted; November S, 1912,; while engaged in the performance of his regular duties, he was seriously injured; October 24, 1914, suit was brought in the court below, plaintiff alleging that his injuries were due to negligence by defendant; upon the trial, Riddell expressly elected to proceed at common law and not under the federal statutes;…

2Cases cited5 opinions

  1. Johnson v. Philadelphia & Reading R. R.Supreme Court of Pennsylvania · 1894
  2. Enders v. EndersSupreme Court of Pennsylvania · 1894
  3. Hogarty v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1916
  4. Ringle v. Penna. R. R.Supreme Court of Pennsylvania · 1894
  5. Reese v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911

3Cited by5 opinions

  1. Mamlin v. GenoeSupreme Court of Pennsylvania · 1940
  2. Zbirowski v. John T. Lewis & Bros.Superior Court of Pennsylvania · 1937
  3. Cochranton Telephone Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1919
  4. Lowe v. Socony Mobil Oil Co.District Court, D. Oregon · 1963
  5. Compromise Settlements Under Workmen's Compensation Act & Occupational Disease Act, Pennsylvania Office of the Attorney General1974

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