Rodell v. Relief Department of Chicago, Burlington & Quincy Railroad
Supreme Court of Minnesota
Action in the district court for Ramsey county by the widow of Charles F. Rodell, deceased, to recover $1,200 upon a benefit certificate.
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Action in the district court for Ramsey county by the widow of Charles F. Rodell, deceased, to recover $1,200 upon a benefit certificate. The answer admitted liability in the sum of $1,200 upon the certificate, but alleged that plaintiff refused to execute a release as administratrix of the estate of the decedent; that under the laws of Illinois, where decedent died, a release by the widow does not act as a release of any right of action arising ont of wrongful death which may be held by the personal representatives of the deceased. The reply alleged that the amount due plaintiff was due her…
1Opinion of the CourtHolt, J.
The action is to recover on a beneficiary certificate issued to plaintiff’s husband by the defendant. In the event of the husband’s death, defendant agreed, by said certificate, to pay to the plaintiff $1,200; The cause was tried to the court, and plaintiff was granted judgment conditionally. She refused to comply with the condition, and moved for a new trial. From an order denying the same, this, appeal is taken.
The controlling facts are these:
Plaintiff’s husband, during his lifetime, was a locomotive engineer in the defendant’s employ, and a member of its Relief Department. On January 21,…
2Cases cited4 opinions
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Chicago, Burlington & Quincy Railroad v. McGuireSupreme Court of the United States · 1911
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- Baltimore & Ohio Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1911
3Cited by2 opinions
- Wise v. Chicago, Burlington & Quincy Railroad Co. Relief DepartmentSupreme Court of Minnesota · 1916
- Roberson v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1922