Watterson v. Pennsylvania Railroad

Citations

• 256 Pa. 77
• 100 A. 583
• 1917 Pa. LEXIS 565

Syllabus

<p>Beneficial associations — B-ailroad relief department — By-laws— Benefits — Prior suit — Voluntary nonsuit — Affidavit of-defense.</p> <p>1. In an action of assumpsit by a widow of a railroad employee against tbe company to recover benefits from the defendant’s relief department, of which deceased had been a member, an affidavit of defense is insufficient which seeks to deny plaintiff’s right to recover, under a provision of the regulations of the department that “should any claim be presented or suit brought against the company for damages on account of injury or death of member, payments of benefits......payments shall not be made unless such claim shall be withdrawn or such suit shall be discontinued before trial thereof or decision rendered therein;......any verdict, judgment or decision rendered in favor of either plaintiff or defendant in such suit, shall preclude any claim upon the relief fund,” where, it appeared that although plaintiff had instituted a suit in trespass against the defendant to recover damages for her husband’s death and a compulsory nonsuit was entered at the close of plaintiff’s' case, such nonsuit was taken off next day and a voluntary nonsuit entered nunc pro tunc by leave of court.</p> <p>2. The fair meaning of .such a regulation is that only a final disposition of any action brought shall be a bar to recovery on a relief certificate and the voluntary nonsuit was in the nature of a discontinuance, putting the plaintiff in the position of one who had not instituted an action: Snyder v. Penna. R. R. Co., 49 Pa. Superior Ct. Ill, and Rotonti v. Penna. R. R. Co., 49 Pa. Superior Ct. 595, distinguished.</p>