Cogswell v. Boston & Maine Railroad
Supreme Court of New Hampshire
Bill in Equity, in aid of an action at' law. The plaintiff brought action against the defendants, claiming the death of his testator, Josiah W. Emery, was occasioned by' the defendants’ negligence.
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Bill in Equity, in aid of an action at' law. The plaintiff brought action against the defendants, claiming the death of his testator, Josiah W. Emery, was occasioned by' the defendants’ negligence. The defendants pleaded the general issue with a brief statement setting up a release, under seal, of all claims against the defendants in consequence of the accident and injury referred to in the plaintiff’s declaration and executed by the plaintiff’s testator, December 26, 1913. Thereupon the plaintiff brought this bill to have the release set aside upon the ground that it was executed upon a…
1Opinion of the CourtParsons, C. J.
The plaintiff’s testator, Emery, was thrown from his sleigh December 24, 1913, by a collision with defendants’ motor section car upon a highway grade crossing of the defendants’ road. He died March 1, 1914. The plaintiff brought suit against the defendants claiming the death was caused by the collision, which was alleged to have been due to the defendants’ negligence. In answer, the defendants pleaded a release under seal executed two days after the accident. This purported to be a release arid discharge of all causes of action arising out of the accident. Thereupon the plaintiff in…
2Cases cited5 opinions
- Dambmann v. . SchultingNew York Court of Appeals · 1878
- Laidlaw v. OrganSupreme Court of the United States · 1817
- Kowalke v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1899
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- Hecht v. BatchellerMassachusetts Supreme Judicial Court · 1888
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- Mitzel v. SchatzNorth Dakota Supreme Court · 1970
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