Twaits v. Pennsylvania Railroad
New Jersey Court of Chancery
Heard on bill, answer, replication and proofs in open court. This is a bill which seeks to restrain the defendant corporation from taking advantage at law of a receipt signed by the complainant and alleged by the defendant to operate as a release by the complainant of his right of action against the defendant corporation. The facts and issues will sufficiently appear in the opinion.
1Opinion of the Court
Garrison, V. C.
Alfred Twaits, the complainant, entered the employ of the Pennsylvania Railroad Company in March of 1904. On the 15th of March, 1904, he made application to become a member of an organization known as the Pennsylvania Railroad Yoluntary .Relief .Fund. In this application he recited that he had been furnished with a copy of the book of regulations of the relief department, and that he bad read those regulations.
One clause of the said application reads as follows:
“And I agree that the acceptance of benefits from, the said relief fund for injury or death shall operate as a release…
2Cases cited6 opinions
- Johnson v. Philadelphia & Reading R. R.Supreme Court of Pennsylvania · 1894
- Dinsmore v. . DuncanNew York Court of Appeals · 1874
- Ringle v. Penna. R. R.Supreme Court of Pennsylvania · 1894
- The Heirs of C. And M. De Armas v. The United StatesSupreme Court of the United States · 1848
- Vellekoup v. D. Fullerton & Co.Supreme Court of New Jersey · 1909
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3Cited by5 opinions
- Katz v. Pratt Street Realty Co.Court of Appeals of Maryland · 1970
- Carrothers v. Stanolind Oil and Gas CompanyDistrict Court, N.D. Texas · 1955
- Metropolitan Life Ins. Co. v. CoddingtonNew Jersey Superior Court Appellate Division · 1942
- Colaizzi v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Brooks-Wright, Inc. v. Maryland Casualty Co.New Jersey Court of Chancery · 1943