McFarland v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. James H. Lay, Judge. Plaintiff; on the circuit recovered judgment for personal damages in the sum of $3,750. Defendant appealed. The petition alleges negligence in the management of defendant’s railway. The answer sets up a settlement of plaintiff’s claim and payment of an agreed amount in discharge of plaintiff’s cause of action.
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Appeal from Henry Circuit Court. — Hon. James H. Lay, Judge. Plaintiff; on the circuit recovered judgment for personal damages in the sum of $3,750. Defendant appealed. The petition alleges negligence in the management of defendant’s railway. The answer sets up a settlement of plaintiff’s claim and payment of an agreed amount in discharge of plaintiff’s cause of action. The reply contains the following: ‘ ‘Plaintiff admits that on the thirtieth day of June, 1890, while she was sick, sore and feeble both in body and in mind, as a result of the injuries complained of in her petition, and,…
1Opinion of the CourtBarclay, J.
This is an action for personal injuries sustained by plaintiff while a passenger on defendant’s railway. Her case is grounded on negligence; but the particulars thereof need not be gone into, for reasons which will appear.
The defense is an accord and satisfaction, or settlement of the plaintiff’s demand. The settlement is evidenced by an agreement of release which has been quoted in full in the statement accompanying this opinion.
The statement also contains the material parts of the plaintiff’s reply to the plea of a settlement, and those passages from her own evidence which bear directly…
2Cited by17 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Homuth v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- State Ex Rel. Couplin v. HostetterSupreme Court of Missouri · 1939
- Wingfield v. Wabash RailroadSupreme Court of Missouri · 1914
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