Atlantic Coast Line R. v. Finn

Citations

• 195 F. 685
• 117 C.C.A. 1
• 1912 U.S. App. LEXIS 1418

Syllabus

<p>1. Master and Servant (§ 100*)—Relief Department—Acceptance of Benefits—Effect.</p> <p>Under Act March 7, 1905 (24 St. at Large, p. 962), which provides that an employe’s acceptance of benefits from a relief department maintained by his employer shall not bar recovery against the latter for injury, a railway company's liability for injury to an employé is not released by the employé’s acceptance of such benefits, though the contract out of which the release is claimed arose was made before the act was passed.</p> <p>(Ed. Note.—For other cases, see Master and Servant, Cent. Dig. §§ 166-170; Dec. Dig. § 100.*</p> <p>Acceptance of benefits from relief associations or insurance procured by master as affecting master’s liability for injuries to servant, see note to Atlantic Coast Line R. Co. v. Dunning, 94 C. C. A. 139.J</p> <p>2. Master and Servant (§ 286*)—Railroads—Injury to Employé—Negligence- -Jury Question.</p> <p>In an action against a railway company for injury to an employé resulting from a broken brake on the caboose in which he was riding, field, under the evidence, a jury question whether the company was negligent.</p> <p>[Ed. Note.—For other cases, see Master and Servant, Cent Dig. §§ 1001, 1006, 1010-1050; Dee. Dig. § 286.*]</p>