Complete Auto Transit, Inc. v. Louisville & Nashville Railroad

CLAY, Commissioner.'

-This alction comes before us on a motion to.dismiss the appeal taken by the plaintiff from a judgment in his favor in a negligence suit. The claimed error is inadequacy of damages. We deem the matter of sufficient importance to write this opinion, stating the grounds upon which' the motion to dismiss must be, sustained. ,

The question presented is whether or not the acceptance of payment of a judgment in full by the plaintiff constitutes a waiver of his right- to prosecute an appeal from that judgment.

On April 29, 1954, a $1200 judgment was entered upon the jury’s verdict…