Baltimore & O. R. Co. v. Gawinske

Citations

• 197 F. 31
• 116 C.C.A. 579
• 1912 U.S. App. LEXIS 1266

Syllabus

<p>Release (§ 20*) — Validity.....Employer's Liability Act — Action eob Injury to Employ!;.</p> <p>An employe», on entering the service of a railroad company and becoming a member of its relief department, entered into a contract which provided that, in the event of his disability or death from accidental injuries, the benefits thereunder should not be payable or paid until a release should he made and filed releasing the company from all claims for damages by reason of such injury or death. The employé received sick benefits and life insurance by virtue of his membership of the department, and, on subsequently receiving an injury while employed in moving a train in interstate commerce, in order to obtain the benefits provided therefor duly executed a release in the terms required by the contract of membership. Held that, while the release was voluntarily made after the injury and after his right of action therefor had accrued,' it was not based on any settlement thereof, nor on any new consideration, and, being made in pursuance of the original contract and without additional consideration, was made void by Employer’s Liability Act April 22, 3908, c. 149, § 5, 35 Stat. 66 (U. S. Comp. St. Supp. 1931, p. 1324), providing that -‘every contract, rule, regulation or devise whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this act shall to that extent be void.”</p> <p>[Ed. Note. — For other eases, see Release, Cent. Dig. §§ 34-36; Dec. Dig. § 20.*]</p>