Anderson v. Oregon Short Line R.
Utah Supreme Court
Appeal from District Court, Second District; Hon. N. J. Harris, Judge. Action by John C. Anderson against the Oregon Short Line Railroad Company. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtFrick, J.
The plaintiff brought this action to recover damages for personal injuries which he alleged he sustained through the negligence of the defendant. The defendant denied the alleged negligence and pleaded contributory -negligence and assumption of risk. The defendant also set up a settlement and two releases as a bar to the action. The releases relied on were made a part of the answer. The plaintiff replied to the latter defense confessing the settlement and execution of the releases, but sought to avoid the legal effect thereof; The material allegations in the reply are as follows:
“Plaintiff…
2Cases cited11 opinions
- Chicago & N. W. Ry. Co. v. WilcoxCourt of Appeals for the Eighth Circuit · 1902
- Houston & Texas Central Railroad v. McCartyTexas Supreme Court · 1901
- Quebe v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1904
- Kansas City Southern Railway Co. v. ArmstrongSupreme Court of Arkansas · 1914
- McFarland v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Claim of Ahern v. South Buffalo Railway Co.New York Court of Appeals · 1952
- Berry v. StrubleCalifornia Court of Appeal · 1937
- Reynolds v. MerrillUtah Supreme Court · 1969
- Aetna Life Ins. Co. v. Ind. Comm. of UtahUtah Supreme Court · 1929
- Coke v. TimbyUtah Supreme Court · 1920
6 more not listed; retrieve them via the Exa API.