Peterson v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action, in the district court for Winona county, in July, 1885, to recover for personal injuries received by her, as al» leged, February 10, 1881, while a passenger on defendant’s railway. The defendant-pleaded, among other defences, a release, under seal, of this and all other causes of action against defendant, executed by plaintiff July 21, 1885, in consideration of $225 then paid her by defendant.
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Plaintiff brought this action, in the district court for Winona county, in July, 1885, to recover for personal injuries received by her, as al» leged, February 10, 1881, while a passenger on defendant’s railway. The defendant-pleaded, among other defences, a release, under seal, of this and all other causes of action against defendant, executed by plaintiff July 21, 1885, in consideration of $225 then paid her by defendant. In her reply the plaintiff admitted executing the release, but alleged that it was obtained from her by defendant’s agent by fraudulent representations to the effect that…
1Opinion of the CourtMitchell, J.
This case was here on a former appeal, 36 Minn. 399, (31 N. W. Eep. 515.) The second trial was conducted substantially on the lines indicated in the opinion of this court at that time. Defendant’s first, second, third, and fourth assignments of error all raise the same question, viz., that the verdict was not justified by the evidence, particularly on the issue as to the release exe*514cuted by plaintiff. The evidence on that point is substantially the same as on the first trial, and we think now, as we thought then, that all the questions involved in that issue were, under the evidence,…
2Cases cited4 opinions
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- W.T. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Peterson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1887
- Matteson v. New York Central RailroadNew York Supreme Court · 1862
3Cited by36 opinions
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- Wagner v. National Life Ins. Co. of MontpelierCourt of Appeals for the Sixth Circuit · 1898
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Hallum v. Village of OmroWisconsin Supreme Court · 1904
- Kelly v. Chicago Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1908
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