Keen v. Allison

Plaintiff brought this suit against defendant for injuries sustained as the result of malpractice. Defendant pleaded that, for the injuries upon which the suit was based, the plaintiff had already brought suit under the Workmen’s Compensation Statute against his former employers, that said claim against said employers had been compromised and settled, and that plaintiff was precluded by such settlement, approved by the court, from maintaining this action.

To this plea plaintiff interposed a replication in which he averred that “in said settlement it was expressly agreed between plaintiff and…