Linaka v. Firemen's Pension Fund

Opinion by

Mr. Chief Justice Maxey,

This is an appeal from the judgment of the Superior Court reversing the judgment of the Court of Common Pleas No. 5 of Philadelphia. Ellen Linaka, plaintiff below, is the widow of John Linaka, Jr., who as a city-fireman in Philadelphia was killed on October 30, 1938, while in the discharge of his duty. At that time he was a member in good standing of the Firemen’s Pension Fund of Philadelphia. On November 4,1938, his widow applied to this corporation for a widow’s pension, under Art. 2, sec. 5 of the by-laws which provided, inter alia, that “the widow ... of…