Wright v. Northampton & Hertford Railroad
Supreme Court of North Carolina
Civil ActioN to recover damages for personal injury to the plaintiff caused by alleged negligence of the defendant, tried before Norwood Jat August Term, 1898, of Nobth-ampton Superior, Court. The issues relating to the cause of action were found in favor of the plaintiff.
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Civil ActioN to recover damages for personal injury to the plaintiff caused by alleged negligence of the defendant, tried before Norwood Jat August Term, 1898, of Nobth-ampton Superior, Court. The issues relating to the cause of action were found in favor of the plaintiff. As a further defense to the action the defendant relied upon' a written release signed by the plaintiff, dated December 1*8, 1894. 1 ' To which the plaintiff replied, that if he ever signed such paper, there was no consideration, and that his signature to same was obtained by deceit and fraud, and that the same is not…
1Opinion of the CourtMontgomery, J.
This action was commenced for the recovery of damages for an injury to the person of the plaintiff caused by the alleged negligence of the defendant com*7pany; and tbe jury found all tbe issues favorably to tbe plaintiff.
One of tbe defenses set up in tbe answer was tbe release of tbe defendant and tbe satisfaction of tbe plaintiff’s claim. Tbe plaintiff filed a replication to that defense and averred that tbe paper writing which contained tbe release was procured through tbe fraud of the defendant. Epon that phase of tbe case tbe fourth issue: “Is tbe paper writing dated December 18, 1894,…
2Cited by4 opinions
- Moore v. Maryland Casualty Co.Supreme Court of North Carolina · 1909
- Boutten v. Wellington & Powellsville RailroadSupreme Court of North Carolina · 1901
- Jeffreys v. Southern Railway Co.Supreme Court of North Carolina · 1900
- Perry v. M. O'Neil & Co.Ohio Supreme Court · 1908