The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-23
COMPANY DENIES LIABILITY.
s., f. AND w. ATTORNEYS SAY p. $.
II. AND H. ID. PAYS ALL DAMAGES.

What the Savannah, Florida and
Western Answers to the Annie l..
Finney Suit for S25, OOO-PIaintifT's
Husband, Engineer Finney, Died
From Injuries-He Was n Member
of the Relief Department-Receiv
ed Benefits and Attorneys Say He
Then Released the Company From
Further LiabiIity-COnduct of the
OBSERVATION-DISCLOSURES suits in South
Carolina and Florida.
The answer to the suit for S25 900 brought
in the City Court against the Savannah,
Florida and Western Railway Company
by Mrs. Annie L. Finney, shows some in
teresting facts with regard to the method
in which the relief and hospital depart
ment of the Plant System is conducted
and the claims of the railroad as to the
extent of its liability in case Of accident
by which a member of the department
may lose his life or sustain serious inju-
ries. 1t is held that membership in the
department relieves the company from
any suit of damages beyond the benefits
that would naturally follow through mem
bershiD.
1t is not at all improbable that the legal
ity of the hospital and relief department
may be tested by this case. The plaintiffs
attorneys, Messrs Barrow and Osborne,
VIII have to overcome the fact of the en-
gineer, r. H. Finney, having accepted ben
efits from the department before his death
resulted from the accident that occurred
last February in Florida. The suit, ac-
cording to statements. will turn upon this
question of the right of company to
establish such an insurance feature in
connection with its business and run no
further liability in case of fatalities than
its rules prescribe.
The railroad company says that
at the time Engineer Finney
received injuries in the ac-
cident and at the time of his death he
was a member of the relief and hospital
department, the object of which is the es-
adjustment and management of fund
for the payment of definite amounts and
dispensing medical and surgical attend
ance to employees contributing to the
fund who, under the regulations of the de-
partment, shall be entitled thereto when
disabled by accident or sickness, and for
the payment of death benefits to their
families
The fund consists of contributions of en-
ployes Of the Savannah Florida and West
ern and other companies constituting the
Plant System; contributions from the sew
eral companies themselves the income de-
rived from investments, and appropria-
tons made by the companies in order to
make up any deficit that may arise
The answer says that the several com
panies constituting the Plant system have
assumed general charge Of the relief End
hospital department, guarantee the full
hlIment of its obligations and are the Gus
todlans of its funds, with full RESPONSE
bility therefor. These companies contrib
ute to the fund, the Savannah, Florida
and Western to the extent of $4,000 per
annum, payable in monthly installments
OF $l,OoO each. The membership in the re-
lief and hospital department is limited to
employees of the companies constituting
the Plant system, and no person can be-
come a member who is not at the time Of
his application for membership an en-
ploye OF one of the companies constltut-
ing the Plant system.
The railroad company goes on to say, in
answer, that Engineer Finney submitted
his application for membership in the de-
partment in due and proper form. 1t is
claimed that in this application he agreed
and consented to be bound by all regula-
tons of the department in force, and that
might have been thereafter adopted The
defendant says that when the application
was accepted by the superintendent and
chief surgeon of the department it would
constitute contract between the engineer
and the companies of the Plant system,
and that, in consideration of the contri-
buttons of the companies to the fund and
of their guarantees and the payment of
the benefits to which he would be entitled
in case of death or injury, should operate
as a release of all claims against the COM
panies for damages, by reason of such
injury or death, which could be made by
or through him.
The railroad company says that the reg
ulations of the department provide that
in the event of disability or death from
accidental injuries the benefits promised
shall not be payable or paid until a salts
factory release shall be filed releasing the
defendant or any of the other companies
from all claims for damages by reason of
the injury or death. The defendant says
the plaintiff has been paid benefits that
were due her upon the death of her hus-
band and that her receipt for them and
her release of the company from all furth-
er liability was duly executed and de-
livered, 1t is claimed that the plaintiff,
when she received the benefits, elected
then and there to accept them in full dis
charge of any liability on the part of the
part of the company, and that she cannot
now claim further damages.
Two suits have already been brought
against the system in the same way. One
is still pending in Florida, while the other
has just been decided in Charleston, in
favor of the defendant. 1t is said the
South Carolina case will be appealed