Rotonti v. Pennsylvania Railroad

Citations

• 49 Pa. Super. 595
• 1912 Pa. Super. LEXIS 376

Syllabus

<p>Negligence — Railroads—Beneficial associations — Suit of widow— Mother as beneficiary — Acts of April 15,1851, P. L. 674, and April 26, 1855, P. L. 809.</p> <p>1. Where the widow of a member of a railroad relief association, brings a suit against the railroad company for the death of her husband and compromises such suit, the mother of the member who was his beneficiary, cannot subsequently maintain a suit against the company for death benefits, where it appears that the rules of the association provided that a suit brought by “a member or his legal representative” barred any recovery on the relief contract.</p> <p>2. Under see. 19 of the Act of April 15,1851, P. L. 669, the widow is the “legal representative” who is entitled to bring an action for death.</p>