Kimbrough v. Hoffman

Citations

• 6 Pa. Super. 60
• 1897 Pa. Super. LEXIS 314

Syllabus

<p>Railroad relief association — Contractual liability — Words and phrases— Connected and associated or affiliated companies.</p> <p>Where the whole project and intendment of a railroad relief association is based upon the control of the business by persons who are interested in the contributions and benefits and where membership is limited to employees of railroads connected and associated with the Reading Railroad, the term “ connected and associated” is to be construed as applicable to railroads so recognized by representation in the relief association: it cannot be forced by strained construction to cover companies ‘ ‘ affiliated ” with the Reading Company in a limited, special and contractual manner, the employees of which were never recognized as eligible to membership in the relief association.</p> <p>Practice, C. P. — Province of court and jury — Construction of contract.</p> <p>The province of the jury is to settle disputed questions of fact. If no disputed facts exist there is nothing for them to do, and it is for the court to determine the legal effect of the contract.</p>