Lawton v. Charleston & Western Car. Ry. Co.
Supreme Court of South Carolina
Before Gage, J., Abbeville, October term, 1911. Action by Sallie R. and J. T. Lawton against Charleston & Western Carolina Railway Company. Defendant ■appeals. Mr. Greene cites: Release cannot be set aside on ground of mistake: 2 Pom. Eq. Jur. 855; 74 Am.
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Before Gage, J., Abbeville, October term, 1911. Action by Sallie R. and J. T. Lawton against Charleston & Western Carolina Railway Company. Defendant ■appeals. Mr. Greene cites: Release cannot be set aside on ground of mistake: 2 Pom. Eq. Jur. 855; 74 Am. St. R. 881; 52 N. W. 136; 16 So. 347; 31 S. W. 903; 66 Pac. 1020; 54 So. 281. Nor on account of representations by railroad surgeon: 92 S. W. 455; Thomp. on Corp. 6324: 44 S. W. 278. cite: Release should be set aside because executed under gross misapprehension: 15 S. W. 700; 47 S. W. 379; 69 S. W. 651; 73 S. W. 1083; 81 S. W. 1190; 93 S. W.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This action was for damages by plaintiff, Sallie R. Lawton and her husband, against defendant for alleged injuries sustained by Sallie R. Lawton* in an accident on one of defendant’s trains on March 31, 1911, the plaintiff being a passenger and alleges her hurt or injuries was through the negligence of defendant. Defendant’s answer among other defenses, plead a release on account of the cause of action sued on. Upon an order of the Court the plaintiff replied to so much of the answer as set up the release, and alleged that the same…
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- Smothers v. Richland Memorial HospitalCourt of Appeals of South Carolina · 1997
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