Carroll v. Missouri, Kansas & Texas Railway Co.

TEMPLETON, Associate Justice.

Carroll sued the railway company to recover damages on account of injuries sustained by him while employed in the service of the company as brakeman. The defendant pleaded a release, which reads thus:

“The Missouri, Kansas & Texas Railway Company of Texas: Whereas, on or prior to the 4th day of October, 1900, I the undersigned, J. T. Carroll, of Hillsboro, Texas, was an employe of the Missouri, Kansas & Texas Railway Company of Texas, and as such employe was engaged as freight brakeman; and whereas, on or about the 4th day of October, 1900, as aforesaid, I, the…