Missouri Pacific Railroad v. Brazzil
Texas Supreme Court
Appeal from Smith. Tried below before Hon. Felix J. McCord. Suit by appellee for $35,000 actual and $20,000 exemplary damages for personal injuries received by him on December 26, 1887, in a wreck of a passenger train on the I. & G. N. Railroad about two and one-half miles north of Troupe, and to set aside because of his alleged insanity a release of damages executed by him on January 6, 1888, in consideration of $500 paid by appellants.
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Appeal from Smith. Tried below before Hon. Felix J. McCord. Suit by appellee for $35,000 actual and $20,000 exemplary damages for personal injuries received by him on December 26, 1887, in a wreck of a passenger train on the I. & G. N. Railroad about two and one-half miles north of Troupe, and to set aside because of his alleged insanity a release of damages executed by him on January 6, 1888, in consideration of $500 paid by appellants. Appellee was a passenger from Troupe to Tyler when injured. Appellants pleaded the general issue, and specially set up the release in bar of the suit, and…
1Opinion of the Court
Stayton, Chief Justice.
This is an action by appellee to recover damages, actual and exemplary, on account of an injury alleged to have been received by him while a passenger on appellant’s road.
On December 26, 1887, he was injured by the derailment of the car in which he was riding, and on January 6 following, in consideration of *236$500 then paid to him, he executed a release which was pleaded in bar of this action.
The plaintiff, in his petition, anticipating this defense, alleged the circumstances under which the release was executed, but these did not tend to show that the release was…
2Cases cited5 opinions
- Elston v. JasperTexas Supreme Court · 1876
- Taylor v. PatrickCourt of Appeals of Kentucky · 1808
- Pursley v. HaysSupreme Court of Iowa · 1864
- Robinson v. HoskinsCourt of Appeals of Kentucky · 1878
- Jones v. EvansCourt of Appeals of Kentucky · 1838
3Cited by51 opinions
- Burk Royalty Co. v. WallsTexas Supreme Court · 1981
- Missouri Pacific Railroad v. Lely Development Corp., Texas Court of Appeals, 3rd District (Austin)2002
- Mandell and Wright v. ThomasTexas Supreme Court · 1969
- Sawyer v. PierceCourt of Appeals of Texas · 1979
- Wise v. PenaCourt of Appeals of Texas · 1977
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