Grandillo v. Pennsylvania Railroad

Harrington, J.,

delivering the opinion of the Court: The plaintiff alleges that he was an employee of the defendant company and as such made a contract with that company whereby, based on a species of accident and disability insurance, he is entitled to receive from it certain sums of money, in the way of sick benefits, which it has refused to pay.

The amended seventh plea denies that the plaintiff’s contract was with the defendant company. It sets up matters in defense of the plaintiff’s right of action and not merely in abatement of the particular action brought, and is, therefore, a plea in…