109 Ga. 666 | Ga. | 1900
On July 1, 1896, the Brunswick & Western Railway Company and certain other corporations constituting what was known as the “Plant System of Railways” entered' into an agreement in writing which, among other things, recited that they had “determined to establish a Relief and Hospital Department, the scope, character, objects and purposes of which” were set forth in a writing thereto attached, embodying the proposed regulations under which such department was to be conducted. Each of these several corporations obligated itself to contribute ratably to a fund of $12,-000 to be used in the establishment and maintenance of this new department, and further agreed to pay its just proportion of “any sum necessary to make up any deficit which [might] at any time occur in the operations” thereof. Provision was likewise made for the payment of “the salary of the Superintendent and Chief Surgeon of said department,” and for meeting the expense of building such hospitals as the parties to the agreement might thereafter determine to erect. Subsequently the proposed “Relief and Hospital Department” was duly organized, and at once began operations in conformity with the regulations above referred to. Provision was therein made for the payment, to such employees as might become members, of Certain fixed benefits in the event of their being “ disabled by accident or sickness,” their families to become beneficiaries in cases of death. The fund out of which payments were to he made was to “ consist of contributions from the employees and the” several companies belonging to the Plant System, “income derived from investments, and appropriations by ” such companies “when necessary to make up a deficit.” These companies were to assume “general charge of the department, guarantee the fulfillment of its obligations, and become the custodian of its funds, with full responsibility therefor, ” and were also to “contribute to the department twelve thousand
In the present case, it was not shown that the plaintiff had any claim whatever against the company other than that growing out of the injury he alleges'he sustained while in its service. He knew that the benefits he accepted were the fruits of the contract he now seeks to repudiate. Upon this point, he
We gather from the plaintiff’s testimony, construed most favorably to him, that he really was ignorant of the terms and conditions embraced in that contract, and never did grasp and fully-comprehend its precise character, import, or practical effect. But certainly this was the result of no fraudulent act of commission on the part of the company’s agents, as the record before us clearly discloses; and it would seem that if any unconscionable advantage was gained by the company through the omission of its agents to read over to Petty and explain to him the precise meaning of the written contract into which he-was called \ipon to enter as a condition precedent to becoming a member of the Relief & Iiospital Department, he by his conduct really misled them into the belief that he fully understood the terms and effect of the contract, and subsequently allowed that impression to remain by the readiness he displayed in acquainting himself with all his rights in the premises and the uniform promptness with which he asserted his claim to all benefits accruing to him thereunder. He did, in contradiction to positive testimony to the contrary, swear that when he “joined this hospital department, nothing at all was said to [him] as to what effect [his] joining it would have upon [his] right to recover for any injuries sustained by” him, and “no explanation of the contract was given;” but what he “understood was, that all employees of the road had to belong to it and that they had to join,” as he was.told by “a little low chunky man” who, it is fair to infer from other evidence appearing in the record, was none other than Dr. Caldwell, the Superintendent and Chief Surgeon of the relief department, who witnessed the execution of the contract signed by Petty. The latter did not, however, undertake to deny the sworn assertion of Dr. Caldwell and other witnesses introduced in behalf of the company, to the effect that, before Petty- was called upon to sign the in
On the whole, we conclude that counsel came to the assistance of the plaintiff too late to render Iiim any effectual aid or comfort on the lines upon which .his case was conducted.
Judgment affirmed.