West v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal from Biggs, JFebruary Term, 1909, of TJkion. Tbe action was brought to recover damages for injuries alleged to have been sustained in a wreck on defendant’s road. The defendant pleaded a release, and -in reply the plaintiff, upon the facts stated in his replication, prayed relief that the release- he declared void.
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Appeal from Biggs, JFebruary Term, 1909, of TJkion. Tbe action was brought to recover damages for injuries alleged to have been sustained in a wreck on defendant’s road. The defendant pleaded a release, and -in reply the plaintiff, upon the facts stated in his replication, prayed relief that the release- he declared void. The wreck occurred 9 September, 1904. The release was executed 9 October, 1905, and tbis action was commenced 24 June, 1907. The court submitted, without exception, these issues: 1. “Did the plaintiff, at the time of receiving the voucher for $1,511.61, execute the alleged…
1Opinion of the CourtBrown, J.
The plaintiff, conductor on defendant’s train, was injured in a wreck which occurred at Whisnant’s trestle, on the night of 9 September, 1904. The wreck was caused by the train being derailed at the trestle, and in about three minutes another passenger train ran into it. As we understand the record, the defendant does not contest its original liability to plaintiff for whatever injuries he sustained by reason of the wreck, but alleges that it has se+tled with the plaintiff therefor, and plea.ds a release in full. The defendant replies to this answer, and avers that he executed the paper…
2Cases cited15 opinions
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Odom v. . RiddickSupreme Court of North Carolina · 1889
- Drohan v. Lake Shore & Michigan Southern Railway Co.Massachusetts Supreme Judicial Court · 1894
- Rhoades v. FullerSupreme Court of Missouri · 1897
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3Cited by15 opinions
- Hodges v. WilsonSupreme Court of North Carolina · 1914
- Wadford v. . GilletteSupreme Court of North Carolina · 1927
- Hodges v. . WilsonSupreme Court of North Carolina · 1914
- Carey v. LevyMichigan Supreme Court · 1951
- Cheek v. . R. R.Supreme Court of North Carolina · 1938
10 more not listed; retrieve them via the Exa API.