Prater v. Marble Co.

The plaintiff’s intestate died as the result of injuries received while in the employ of the defendant company, leaving a widow. She compromised her right of action and gave the company an acquittance and discharge of any cause or causes of action, claims and demands, against it arising or growing out of the death of her husband.

Thereafter plaintiff procured letters of administration on the estate of the decedent and brought suit as administrator. There was a plea of not guilty, and accord and satisfaction on the part of the widow, which was set out in writing with the plea.

Issue was joined…