Rotonti v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 245, Oct. T., 1911, by defendant, from order of C. P. No. 3, Phila. Co., June Term, 1909, No. 1,808, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Maria Rotonti v. Pennsylvania Railroad Company. Assumpsit for death benefits. The opinion of the Superior Court states the case. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Beaver, J.,
The plaintiff brought her action against the defendant for death benefits arising out of the membership of her son in the relief fund maintained under the supervision of the defendant company, in whose employ he served at the time of his death.
An affidavit of defense was filed, in which it was alleged “that the widow of the decedent had brought suit against the defendant in the United States district court, which was pursued to final judgment for the defendant, and that, after that, she settled and compromised with the defendant, in pursuance of which she was paid $230 in…
2Cases cited5 opinions
- Hill v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Osborn v. First National BankSupreme Court of Pennsylvania · 1896
- Cochran v. CochranSupreme Court of Pennsylvania · 1889
- Lessee of Ware v. FisherSupreme Court of Pennsylvania · 1800
- Ralston v. WalnSupreme Court of Pennsylvania · 1863
3Cited by1 opinion
- Watterson v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1916