187 Ind. 684 | Ind. | 1918
— In this action appellee recovered a judgment against appellant for wages earned by him in the employ of said company, which had been retained by the company and applied as contributions to the voluntary relief fund in accordance with an agreement contained in the application made by him to become a member of the relief fund.
The action was brought on the theory that the voluntary relief department of the Pennsylvania Lines West of Pittsburgh is maintained and operated in violation of law, and that the application made by appellee for membership therein and the agreements therein contained, as well as the rules and regulations of said association, by which he agreed to be bound, are without force and effect. The recovery was allowed on the theory that neither the agreements contained in the application nor the rules and regulations of association afforded lawful authority to appellant for withholding any of the wages due appellee under his employment, and for applying the wages so withheld as contributions to such relief fund. It is provided.by a statute of this state that no railroad company having or operating a line of railway in this state may establish or maintain or assist in establishing or maintaining any relief association or society which shall require any person or employe becoming a member thereof to enter into a- contract, agreement or stipulation, directly or indirectly, whereby such
Defendant filed an answer in five paragraphs. The court sustained demurrers addressed separately to the third, fourth and fifth paragraphs of such answer, after which appellant withdrew the first and second paragraphs and refused to plead further, whereupon the case was submitted to the court for the assessment of damages. The court rendered judgment in favor of plaintiff for $86.91. No question is raised as to the amount of damages assessed; the only errors assigned being based on the rulings of the court in sustaining demurrers to the third, fourth and fifth paragraphs of answer.
The answer in this case presents some questions not determined in the cases cited. By the third paragraph
By the express terms of the statute under consideration, all contracts made in violation of its terms are null and void. If that statute is in force, the court •would be required, in determining the sufficiency of this paragraph of answer, to decide whether appellee under the facts therein averred was estopped from denying the validity of the contract; but if the statute in question has been superseded by a federal statute, under which such a contract is void only as to conditions exempting railroad companies from liability, and is otherwise valid, then a consideration of the question of estoppel presented by .this paragraph is thereby rendered unnecessary.
The force and effect of the statute' of this state have been considered in a number of recent decisions by this
It is apparent from an examination of this section of the statute that it was aimed at all contracts and devices whereby any railroad company attempted to relieve itself from liability to its employes, and that its purpose was to render such provisions void. The language is that such contract, rule, regulation, or device “shall to that extent be void.” This section clearly contemplates that a relief association of railroad employes organized and operated under such a plan as is disclosed by the answer in this case shall be-valid, except as to provisions releasing the company from liability. This is indicated by the provision to the effect that in any action brought under the provisions of the act the common carrier sued may set off therein any sum it has contributed or paid to any insurance, relief benefit, or-indemnity that may have been paid to the injured employe or to the person entitled thereto on account of the injury or death for which said action was brought.
If the statute of Indiana was rendered inoperative by the act of Congress quoted, the fifth paragraph of answer states facts sufficient to constitute a defense. Under the act of Congress, the contract was valid in all respects, except as to the provisions by which the interstate common carrier attempted to exempt itself from liability for damages. This court has recently decided that §5308 Burns 1914, supra,.is superseded by the section of the federal act quoted. Baltimore, etc., R. Co. v. Miller (1915), 183 Ind. 323, 107 N. E. 545. There can be no doubt that Congress was acting within ■the scope of its granted powers in passing the section quoted, for it has been frequently decided that Congress has power to regulate contracts between shippers and the carriers of interstate commerce, and also to fix the number of hours that certain employes of such carriers may be required to work. Adams Express Co. v. Croninger, supra; Mondou v. New York, etc., R. Co., supra; Baltimore, etc., R. Co. v. Interstate Com. Comm. (1910), 221 U. S. 612, 618, 31 Sup. Ct. 621, 55 L. Ed. 878.
Note. — Reported in 120 N. E. 706. Commerce: interstate, state regulation, 27 Am. St. 551, Ann. Cas. 1917A 991; state regulation of relations between railroad companies engaged in interstate commerce and their employes, 15 L. R. A. (N. S.) 134, 29 L. R. A. (N. S.) 240, 52 L. R. A. (N. S.) 267. Contracts in violation of statute, effect, Ann. Cas. 1917A 991. See under (1) 12 C. J. 77.