187 Ind. 323 | Ind. | 1918
— On July 15, 1910, and while in the employ of appellant as a bridge carpenter, appellee made application to become a member of a relief organization established by appellant and known as its voluntary relief department. This application was signed at Spencer, in Owen county, Indiana, but was forwarded • to the superintendent of the relief department at Cleveland, Ohio, for approval. Pursuant to such approval, appellee became and continued as a member of said relief organization until January 31, 1914, when he left the employ of appellant and thereafter brought this action to recover the sum of $63, which represents the amount deducted from his wages by appellant during his service on its road, for the benefit of the relief fund. The application which appellee signed contains this provision ;
“I agree that the acceptance of benefits from the said relief fund for injury or death shall operate as a release of all claims, for damages against said company, arising from such injury or death, which could be made by or through me, and that I, or my legal representatives, will execute such further instrument as may be necessary formally to evidence such acquittance.”
The judgment of the trial court, sustaining appellee’s right to recover the amount sued for, is evidently based on the ground that the relief organization maintained by appellant is in violation of §5308 Burns 1914, Acts 1907 p. 46, and that appellee’s application for.
No error appearing, the judgment of the circuit court is affirmed.
Note. — Reported in 119 N. E. 257. State regulations 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.) 266. Acts involving contracts forbidden by the law of the forum, 55 Am. St. '775. See under (1, 2) 26 Cyc 1049; (3) 13 C. J. 255; (4) 12 C. J. 42.