Otis v. Pennsylvania Co.
U.S. Circuit Court for the District of Indiana
Railroad Aid Association — Acceptance of Benefits — Release of Claim. Where a railroad relief association, composed of associated companies and their employés, is in charge of the companies, who guaranty the obligations, supply the facilities for the business, pay the operating expenses, take charge of and are responsible for the funds, make up deficits in the benefit fund, and supply surgical attendance for injuries received in their service, an employe’s agreement, in his…
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Railroad Aid Association — Acceptance of Benefits — Release of Claim. Where a railroad relief association, composed of associated companies and their employés, is in charge of the companies, who guaranty the obligations, supply the facilities for the business, pay the operating expenses, take charge of and are responsible for the funds, make up deficits in the benefit fund, and supply surgical attendance for injuries received in their service, an employe’s agreement, in his voluntary application for membership, that acceptance of benefits from the association for an injury shall release the…
1Opinion of the Court
BAKER, District Judge.
This is an action by the plaintiff, Eugene V. Otis, for the recovery of damages.from the defendant, the Pennsylvania Company, for injuries received by him through the negligence of the defendant in employing and retaining in its service a careless and drunken engineer, with full knowledge of his habits, by whose carelessness the plaintiff sustained serious and permanent injuries, without fault on his part. The defendant has answered in two paragraphs. The first is a general denial. The second sets up matter in confession and avoidance. To this paragraph of answer the…
2Cases cited10 opinions
- Spitze v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1892
- Johnson v. Philadelphia & Reading R. R.Supreme Court of Pennsylvania · 1894
- Chicago, Burlington & Quincy Railroad v. BellNebraska Supreme Court · 1895
- Fuller v. Baltimore & Ohio Employes' Relief Ass'nCourt of Appeals of Maryland · 1887
- Lease v. Pennsylvania Co.Indiana Court of Appeals · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
- King v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Harrison v. Alabama Midland Ry. Co.Supreme Court of Alabama · 1906
- Galveston, Harrisburg & San Antonio Railway Co. v. PigottCourt of Appeals of Texas · 1909
- Atlantic Coast Line R. v. DunningCourt of Appeals for the Fourth Circuit · 1908
4 more not listed; retrieve them via the Exa API.