Tate v. Wabash Railroad
Missouri Court of Appeals
Error to Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. ' (1) .The court did not err in reforming the release pleaded, as it was shown clearly that plaintiff signed only as a witness and not as a party, and that the mistake was mutual. Casualty Co. v. Lumber Co., 133 Mo. App. 637; Dougherty v. Dougherty, 204 Mo. 228; Mfg. Co. v. Car Co., 210 Mo. 715. (2) If general negligence was pleaded, no proof of negligence was necessary.
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Error to Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. ' (1) .The court did not err in reforming the release pleaded, as it was shown clearly that plaintiff signed only as a witness and not as a party, and that the mistake was mutual. Casualty Co. v. Lumber Co., 133 Mo. App. 637; Dougherty v. Dougherty, 204 Mo. 228; Mfg. Co. v. Car Co., 210 Mo. 715. (2) If general negligence was pleaded, no proof of negligence was necessary. If specific negligence was pleaded, it was sustained by the evidence. Percell v. Railroad, 126 Mo. App. 43; Kirkpatrick v. Railroad, 211 Mo. 68; Knight v. Donnelly,…
1Opinion of the CourtEllison, J.
Plaintiff’s wife was injured in the wreck of one of defendant’s passenger trains while she was being carried over its railway. This action was brought to recover for the loss of her services, companionship and society. He prevailed in the trial court.
There was an adjustment and settlement of the wife’s claim, for which she gave a release, and it is defendant’s contention that such settlement included this plaintiff’s claim, and that he joined in the release. The release is in the following words:
“Release oe All Claims.
Accounts Payable.
Wabash Railroad Co. To- Mrs. Ella M. Tate, Dr.
Address,…
2Cases cited7 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Morgan v. MulhallSupreme Court of Missouri · 1908
- Moore v. St. Louis Transit Co.Supreme Court of Missouri · 1910
- Evans v. Wabash RailroadSupreme Court of Missouri · 1909
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