Aderholt v. Seaboard Air Line Railway
Supreme Court of North Carolina
Appeal from W. B. Allen, Jat October Term, 1909, of Waee. Tbe plaintiff brought fhis action to recover damages for personal injuries wbicb be alleged resulted from tbe negligence of tbe defendant company, while be was in tbe discharge of bis duties as roadmaster. The defendant denied tbe allegations of tbe complaint as to its negligence, and set up as a defense certain releases executed by tbe plaintiff.
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Appeal from W. B. Allen, Jat October Term, 1909, of Waee. Tbe plaintiff brought fhis action to recover damages for personal injuries wbicb be alleged resulted from tbe negligence of tbe defendant company, while be was in tbe discharge of bis duties as roadmaster. The defendant denied tbe allegations of tbe complaint as to its negligence, and set up as a defense certain releases executed by tbe plaintiff. Tbe plaintiff replied, admitting tbe execution of tbe releases set forth in tbe answer, but alleged that they were procured by fraudulent representations. Tbe issues submitted were found…
1Opinion of the CourtWalker, J.
In the view we take of this case, it is only necessary to consider questions relating to the first and second issues:
1. Did the plaintiff execute and deliver the several releases mentioned in the answer? Answer: Yes.
2. Did the defendant secure the signature of plaintiff to said release with the fraudulent intent as alleged in the pleadings? Answer: Yes.
That the jury’s response to the first issue, which was made by consent, would have put an end to this cause, in the absence of an affirmative answer to the second issue, is a matter not open to dispute. A release executed by an injured party…
2Cases cited7 opinions
- State v. . VinsonSupreme Court of North Carolina · 1869
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- Griffin v. Lumber Co.Supreme Court of North Carolina · 1906
- Dorsett v. Clement-Ross Manufacturing Co.Supreme Court of North Carolina · 1902
- Barcello v. . HapgoodSupreme Court of North Carolina · 1896
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3Cited by18 opinions
- Davis v. DavisSupreme Court of North Carolina · 1962
- Ward v. . HealthSupreme Court of North Carolina · 1943
- Ward v. HeathSupreme Court of North Carolina · 1943
- Florida East Coast Railway Co. v. ThompsonSupreme Court of Florida · 1927
- Corbett v. BonneySupreme Court of Virginia · 1961
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