Spanable v. New York Central Railroad

This is an appeal on questions of law from a judgment of the Common Pleas Court of Franklin county. The action was one for damages for personal injuries, the amended petition alleging that on April 7, 1944, the plaintiff was a passenger on a train being operated by the defendant in and through the state of Ohio; and that the train was derailed and as a result thereof plaintiff suffered certain injuries.

In its answer the defendant pleaded the general issue and as a second defense, that the plaintiff, prior to the accident, for a valuable consideration, had executed in writing a full and…