Holmes, Administrator v. Price

The opinion of the court was delivered by

Wertz, J.:

Brisco Price met his death while an employee of the Union Pacific Railroad Company. William Holmes, Jr., plaintiff (appellee), was appointed administrator of the estate. No action to' recover for Price’s wrongful death was ever commenced. The administrator, with the consent and approval of the probate court, made a settlement with the railroad company for the sum of $7,250 and executed a general release to the company. The release made no reference to any statute or law under which the settlement was made or for which the release was given.…