Starr v. Atlantic Coast Line R. Co.
Supreme Court of South Carolina
Before Smith,'J., Columbia, Suit by H. F. Starr against the Atlantic Coast Tine Railroad Company (Relief Department). Judgment for defendant, and plaintiff appeals. submit: The Relief Department is a mutual benefit insurance association: 27 Stats. 535; which though unincorporated may be sued: 93 S. C. 417; Civil Code, secs 336-8; distinguishes 147 N. C. 103, 60 S. E. 724. Its contracts must be construed under the laws of this State: 193 U. S. 554; 203 U. S. 254; 84 S. C.…
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Before Smith,'J., Columbia, Suit by H. F. Starr against the Atlantic Coast Tine Railroad Company (Relief Department). Judgment for defendant, and plaintiff appeals. submit: The Relief Department is a mutual benefit insurance association: 27 Stats. 535; which though unincorporated may be sued: 93 S. C. 417; Civil Code, secs 336-8; distinguishes 147 N. C. 103, 60 S. E. 724. Its contracts must be construed under the laws of this State: 193 U. S. 554; 203 U. S. 254; 84 S. C. 256; 181 U. S. 75; Civ. Code, secs. 2672, 2675. Construction under our law: Civ. Code, secs. 2577, 2808; 95 S. C. 216.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff was injured while employed by defendant and while he was a member- of defendant’s Relief Department. He sued to recover damages for the injury. A compromise was effected, and he executed a release, which is pleaded in bar of this action on the Relief Department con-tract. A verdict was directed for defendant.
The Relief Department is not a distinct entity, but merely a separate department of the business of the railroad corporation, so styled for convenience. Liability for the injury and under the contract are both…
2Cases cited2 opinions
- Beylot v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1913
- Sturgiss v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1908