Albrecht v. Milwaukee & Superior Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. This action was brought to recover damages sustained by the plaintiff, an employee of the defendant, as brakeman, in consequence of a collision caused, as it is alleged, by running a switch engine out from a spur track upon the main track when the regular, expected, and approaching train ivas within twenty-five rods of the switch and in plain sight, and that the injury was the result of the carelessness and negligence of the…
Read the full summary
APPEAL from the Circuit Court for Waukesha County. This action was brought to recover damages sustained by the plaintiff, an employee of the defendant, as brakeman, in consequence of a collision caused, as it is alleged, by running a switch engine out from a spur track upon the main track when the regular, expected, and approaching train ivas within twenty-five rods of the switch and in plain sight, and that the injury was the result of the carelessness and negligence of the engineer in charge of the switch engine. No other charge of negligence was made in the complaint against any officer or…
1Opinion of the CourtPinney, J.
1. The release given in evidence, upon its face, is plainly a bar to the cause of action set out in the plaintiff’s complaint. The instructions of the circuit court in respect to the effect and binding force of the release are, in substance, that, while the fact that the plaintiff executed it raises a presumption that he knew its contents and that it was a full settlement and discharge of the defendant from the claim in suit, yet the plaintiff might avoid its effect by merely showing that at the time he signed it he did not know its contents or effect. Written instruments, regularly executed…
2Cases cited3 opinions
- Sheanon v. Pacific Mutual Life InsuranceWisconsin Supreme Court · 1892
- Sanger v. DunWisconsin Supreme Court · 1879
- Kruschke v. StefanWisconsin Supreme Court · 1892
3Cited by14 opinions
- Chicago, St. P., M. & O. Ry. Co. v. BelliwithCourt of Appeals for the Eighth Circuit · 1897
- Olfe v. GordonWisconsin Supreme Court · 1980
- Jackowski v. Illinois Steel Co.Wisconsin Supreme Court · 1899
- Bjorklund v. Seattle Electric Co.Washington Supreme Court · 1904
- Deering v. HoeftWisconsin Supreme Court · 1901
9 more not listed; retrieve them via the Exa API.