Graft v. Baltimore & Ohio Railroad

Citations

• 5 Sadler 94
• 8 A. 206
• 1887 Pa. LEXIS 564

Syllabus

<p>The wreck master of a railroad, while proceeding on a wreck train to the scone of an accident, received injuries as a result of disobedience of orders by the conductor and engineer of the train, over whom ho had no authority. Afterward, upon receiving money on account of the injuries, from a beneficial society whose payments were guaranteed by the railroad company, he executed a release of damages, under seal, to the railroad company. He then brought suit against the railroad company for damages. Held, that be could not recover.</p> <p>Cited in Eckman v. Chicago, B. & Q. R. Co. 169 111. 312, 38 L. R. A. 754, 48 N. E. 496-</p> <p>Hors. — For liability for injury by tie act of a fellow servant, see note to Keys v. Pennsylvania Co. 1 Sad. Rep. 316.</p> <p>Similar determinations are found holding that the acceptance of benefits from a relief association, maintained by defendant, is a good consideration for a release of damages executed. Johnson v. Philadelphia & R. R. Co. 163 Pa. 127, 29 Atl. 854: Ringle v. Pennsylvania R. Co. 164 Pa. 529, 44 Am. St. Rep. 628, 30 Atl. 492; Eckman v. Chicago, B. & Q. R. Co. 169 111. 312, 38 L. R. A. 754, 48 N. E. 496.</p>