Day v. Atlantic Coast Line R.

Citations

• 179 F. 26
• 102 C.C.A. 654
• 1910 U.S. App. LEXIS 4604

Syllabus

<p>1. Master and Servant (§ 179*) — Injuries to Servant — Fellow-Servant Law — Abolition—Constitutionality.</p> <p>A state constitutional provision abolishing the fellow-servant rule with reference to railroad employes is not in conflict with the federal Constitution or its amendments.</p> <p>[Ed. Note. — For other cases, see Blaster and Servant, Cent. Dig. §§ 354-358; Dec. Dig. § 179.*]</p> <p>2. BIaster and Servant (§ 100*) — Injuries to Servant — Relief Department Contract.</p> <p>A railroad relief department contract, by which the employs was merely put to his election, on receiving an injury, between receiving benefits or suing the railroad company for damages, was not in violation of Const. Va. § 162 (Code 1904, p. cclix), abolishing the fellow-servant rule with reference to railroads, and declaring that every contract or agreement, express or implied, made by an employe to waive the benefits of the section, should he invalid.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. § 166; Dec. Dig. § 100.*] •</p> <p>3. Courts (§ 334*) — Federal Courts — State Practice.</p> <p>On a writ of error in an action at law, the Circuit Court is governed on questions of practice by rules prevailing in the courts of the state in which the case was tried.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 899; Dec. Dig. § 331.*]</p> <p>4. Master and Servant (§ 100*) — Injuries to Servant — Relief Department Contract — Public Policy.</p> <p>Where a railroad employe became a member of its relief department pursuant to a voluntary application in writing, and was fully advised at the time of all the departmental regulations, a provision thereof that, in case of injury, he was required to elect between his right to sue for damages or to receive benefits, was not invalid as contrary to public policy.</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 associati