Patterson v. Cincinnati, N. O. & T. P. Ry. Co.

ANDREW M. J. COCHRAN, District Judge.

This action is before me on defendant’s demurrer to the second paragraph of the reply. It is an action to recover the sum of $81,000 for the alleged wrongful death of plaintiff’s intestate on February 11,1930. By the fifth paragraph of its answer the defendant pleads in bar of plaintiff’s right to maintain the action that on January 3, 1931, she entered into a written contract with defendant whereby she released it from all liability because of the death of her intestate in consideration of the sum of $3,000 then and there paid to her by defendant. By the…