Spritzer v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 21, Oct. T., 1909, by defendant, from judgment of C. P. Somerset Co., Sept. T., 1906, No. 239, on verdict for plaintiff in case of Henry Spritzer v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Kooser, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $4,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
In bar of the plaintiff’s action, which was for the recovery of damages for personal injury and loss of personal property sustained in the wreck of a train of cars in which he was a passenger, the defendant pleaded a formal release executed and delivered by plaintiff before the bringing of the suit. The release was as follows:
*168“ 1905, May 11. For the amount and for the account stated in the following release: Know all men by these presents, That I, H. Spritzer, in consideration of the sum of Two Hundred Dollars (200) to me paid by the Pennsylvania Railroad…
2Cases cited3 opinions
- Pennsylvania Railroad v. ShaySupreme Court of Pennsylvania · 1876
- Gibson v. Western New York & Pennsylvania R. R.Supreme Court of Pennsylvania · 1894
- DeDouglas v. Union Traction Co.Supreme Court of Pennsylvania · 1901
3Cited by10 opinions
- Ralston v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
- Aliquippa National Bank v. HarveySupreme Court of Pennsylvania · 1940
- Gordon v. Great Atlantic & Pacific Tea Co.Supreme Court of Pennsylvania · 1914
- McCreary v. EdwardsSuperior Court of Pennsylvania · 1934
- Lucas v. GibsonSupreme Court of Pennsylvania · 1941
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