Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-03-25
COURT DECISIONS.
DlGESTED BY W. B. MARTIN.
EXCLUSIVELY FOR
vIRclNiAN-PlLoT.
Notes Of Cases Recently Decided,
Which are Of Interest to.
Our People.
PETTY v. B. s W. R'Y CO.
Supreme Court of Georgia
January 80, 1900,

A CONTRACT BETWEEN AN EN-
PLOYE AND HIS EMPLOYER
THAT WHEN THE FORMER is
SICK OR INJURED, WHETHER
THROUGH HIS OWN NEGLI-
GENCE OR NOT, HE IS TO HAVE
CERTAIN MONEY AND BENE-
FITS. AND THAT THEIR RECEP-
TION WILL BE a RELEASE OF
THE EMPLOYER FROM ALL LA
BILITY. IS VALID.
a RECEPTION OF SAID BENEFITS
is AN ELECTION BY THE EN-
PLOYE, AND AN ACCORD AND
SATISFACTION OF ANY CLAIM
FOR DAMAGES.
Albert Petty was in the service of
the Brunswick x Western Railway
Company. Although 1t was not obliga-
tory upon him to do SO, he applied for
membership in the relief and hospital
department. In his application, which
was in the form prescribed by the
rules Of that department, he agreed to
become bound by all its regulations
then OF force or thereafter adopted
and consented that $1.25 of his wages
should be monthly applied, in advance.
us CONTRIBUTION 10 its relief fund
lie further agreed that his application
when duly accepted, should constitute
contract between himself and each
OF the several companies forming the
rant system, and that 'in considera-
tioll OIL the contribution Of said com
panies to the relief and hosnital do
partment and Of the guaranty by them
OIL me payments OF the benefits afore-
said the acceptance of benefits from
inc SAID relief and hospital depart
inent, either money or medical or sur
gicai attendance, for injury or death
tShouidJ operate as a release of ali
cidiins against said companies. and
cach OF them. for dana ges by reason
OF such injury or death which could be
made by or through" him. Another
clause recitcd that it was understood
ana agreed that this applica ton. when
accepted ny the superintendent and
chief surgeon. [shouldl constitute
contract between 1.-THE Applicant and
me said companies, and each of them.
ny Whlcn hisI rights as Il member of
SAID relief and hospital department
and as an employee of said comnanjns
or either of them rshould1 b, deter.
mined. as TO all matters within its
scope: Petty's application for mem
oc!shlp WAS duly accepted, and n cor
.liicate was issued and delivered to
MN On one or more occasions there
al Ter ietty awaited himself of the
iih ntS mus accorded to him as a mem
per ol the department, and received
me benefits to which he was. as si,cb
en' itied: lie remained in the service
ol tho Brunswick & Western RaiI,v,,,
company until September 10. 1897 Tn
me ioliowinE year he brought an oc-
tion Tor damages against that com
n,ny' alleging that on May 10. 1897
w.i,e IN me discharse of his duties as a
sWitch''ih' nc sustained personal in
luries. occasioned by the nerliranca
or one of the company's emn,ovaos
10 TINS action the defendant nlcodo5
rs n special defense. the contract which
IettS had made with the relief and
hospital department of the PLANT svs
tem' alleging that, soon after no ra-
ce,Ved the Injuries complained or ho
ooIuniarily elected to accept the bene-
MS mus provided for. and actually
81 t. 49,. nor only medical and surgi-
GU treatment and attendance. but also
vhrlons sums of money. thereby dis.
charSlnG- and releasine-tf1t fr,157 z,,1f~
company from all liability in 6a,moeas
Oh account of the alleged ini,1riee enc
tanned Iby him on the date ment,orna
IN ms petition. Petty met tb;s enani,i
cicnSe pN demurrer based on vori-
w" .s grounds hut it was ovcrruled nv
ru"rt, and the case proceeded to
10 illtilIS. AT The CON
cluslon of the evidence suhn,;tta5 NJ
ana con. the court directed yerdict
IN ,avor of the railway company. Pet.
ty thereupon appealed.
The court says:
On" OF the main points raised bv tho
piain'iifs demurrer. md strenuousIv
INSISTED unon In the argument here
wHS 'hat the contract upon which the
defendant company predicated it's de-
fence was void because contrary to
pubic policy. in that it evidenced an
atteinnt to cxenlnt the company from
liability for negligence In support of