Riddell v. Pennsylvania Railroad

Citations

• 262 Pa. 582
• 106 A. 80
• 1919 Pa. LEXIS 727

Syllabus

<p>Railroads — Beneficial associations — Acceptance of benefits — Release of liability — Public policy — Negligence—Acts of June 2J+, 1897, P. L. SOI/., and June 2, 1915, P. L. 786.</p> <p>1. A boy who signs in 1912 an application for membership in a railroad company’s relief association, and is accepted as a member when he is over eighteen years of age, and accepts benefits thereunder for an injury before he is twenty-one years of age, is barred from recovering damages for such injury from the railroad company under the Act of June 24, 1897, P. L. 204, which makes it lawful for minors over eighteen years of age “to make all needful contracts-to become members of fraternal and beneficial societies,” if his contract with the society makes an acceptance of benefits a release of liability.</p> <p>2. In such a case, as it was necessary for the minor to sign the contract in order to become a member of the association, he is bound, by its terms to the same intent as the adult members of the organization.</p> <p>3. The Workmen’s Compensation Act of June 2,1915, P. L. 736, which provides, in Section 204, Article II, that, contracts to the contrary notwithstanding, the receipt of benefits, from relief associations shall not bar recovery of damages by action at law, applies only to accidents happening after January 1,1916.</p> <p>4. As the act materially altered the substantive rules of law applicable to cases of personal injuries arising through negligence and called for a new pronouncement of public policy in such cases, it cannot upon any justifiable theory be made to affect cases arising under the old law.</p>