St. Louis, Iron Mountain & Southern Railway Co. v. Campbell
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; Appellee’s own 'testimony fails to make out a case of mental incapacity at the time of executing the release sufficient to overthrow it. On the contrary, it clearly appears that he signed it intelligently with full opportunity to read it, accepted the payment, acted thereon, remembered it afterwards and practically ratified it in his letter of February third.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; Appellee’s own 'testimony fails to make out a case of mental incapacity at the time of executing the release sufficient to overthrow it. On the contrary, it clearly appears that he signed it intelligently with full opportunity to read it, accepted the payment, acted thereon, remembered it afterwards and practically ratified it in his letter of February third. The burclen being on him, and no fraud or device to mislead or overreach him being shown,' the release must necessarily stand. 82 Ark. 112; 50 Ark. 397; 19 Am. & 'Eng. R. Cas.…
1Opinion of the CourtBattue, J.
On the third day of January, 1906, J. R. Campbell, a young man twenty-six years of age, was employed by-the St. Louis, Iron Mountain & Southern Railway Company as a brakeman, was ordered to go between two cars and open a knuckle so as to couple them together. While between the cars, the engineer in charge of the engine pulling the train, because of a signal negligently given by the conductor of the train, moved the engine, causing -the cars to come together, catching Campbell between them, and seriously injuring him. He sued the railroad company for damages. It answered, and, among other…
2Cited by9 opinions
- Lamden v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1914
- Bickley v. Morgan Utilities Co., Inc.Supreme Court of Arkansas · 1927
- Edgar Hutcheson and Lena Hutcheson v. Frito-Lay, Inc.Court of Appeals for the Eighth Circuit · 1963
- Crockett v. Missouri Pacific R.R. Co.Supreme Court of Arkansas · 1929
- Mississippi River Fuel Corporation v. HamiltonSupreme Court of Arkansas · 1940
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