Transgard v. Atchison, T. & S. F. Ry. Co.
New Mexico Supreme Court
Appeal from District Court, San Miguel County; Lea-hy, Judge. Action by Thomas Transgard against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff, motion for new trial overruled, and defendant appeals. Appellee was not entitled to recover under pleadings and evidence.
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Appeal from District Court, San Miguel County; Lea-hy, Judge. Action by Thomas Transgard against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff, motion for new trial overruled, and defendant appeals. Appellee was not entitled to recover under pleadings and evidence. Sec. 4143, Code 1915; Dovey v. Lam, (Kentucky) 4 Ann Cas. 16; Sparks v. Sparks, 32 Pac. 892 ■ Jones on Evidence, secs. 178 and 179; McCornick v. Sadler, (Utah) 40 Pac. 711; Church of Christ v. Beach, (Washington) 33 Pac. 1053; Bliley v.-Wheeler, 38 Pac. 603. If plaintiff fails to introduce evidence…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, J.
Appellee sued appellant for damages for personal injuries, which he alleged were sustained by reason of the negligence of the appellant. Appellant denied negligence, and among other defenses pleaded a settlement with appllee, and alleged that it had paid him $250 in full satisfaction of any and all claims'and causes of action which appellee had by reason of his injury and that appellee in consideration of the sum sa paid gave appellant, a full and complete release of such claim and cause of action. A copy of the release was attached to the answer as an exhibit.
A…
2Cases cited6 opinions
- Felix v. WalkerSupreme Court of Kansas · 1899
- Scandinavian Coal & Mining Co. v. WhittakerSupreme Court of Kansas · 1888
- Parker v. LanierSupreme Court of Georgia · 1888
- Clapp v. CunninghamSupreme Court of Iowa · 1879
- Meeh v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pentecost v. HudsonNew Mexico Supreme Court · 1953
- Primus v. City of Hot SpringsNew Mexico Supreme Court · 1953
- Primus v. City of Hot SpringsNew Mexico Supreme Court · 1953