White v. Richmond & Danville Railroad
Supreme Court of North Carolina
This was a civil action, tried at February Term, 1891, of Guilford Superior Court, Boykin, /., presiding. The plaintiff alleges, in substance, that while he was properly engaged as servant and conductor of the defendant, he sustained serious injuries, and was greatly endamaged by its neglect; that it admitted such neglect, and agreed to pay him in discharge of its liabilities to him in such respect, “$6,000 in money, and retain him in the service of the company in some…
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This was a civil action, tried at February Term, 1891, of Guilford Superior Court, Boykin, /., presiding. The plaintiff alleges, in substance, that while he was properly engaged as servant and conductor of the defendant, he sustained serious injuries, and was greatly endamaged by its neglect; that it admitted such neglect, and agreed to pay him in discharge of its liabilities to him in such respect, “$6,000 in money, and retain him in the service of the company in some position or place not requiring much bodily activity, and one adapted to plaintiff in his condition, as it should turn out to…
1Opinion of the Court
Merrimon, C. J.:
The very broad and comprehensive purpose of the release of the plaintiff relied upon by the defendant, as this appears from its face, is too manifest to admit of any serious question. The release recites in plain, explicit terms that in consideration of six thousand dollars (no other consideration is expressed or suggested by implication) paid to the plaintiff, he releases the defendant and “its lessor from all claims upon them for damages received by the plaintiff at the place and time specified,” and he covenants that he “ will not sue them, or either of them, for damages…
2Cases cited6 opinions
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Harding v. . LongSupreme Court of North Carolina · 1889
- Day v. . DaySupreme Court of North Carolina · 1881
- Bean v. Western North Carolina RailroadSupreme Court of North Carolina · 1890
- McMinn v. . PattonSupreme Court of North Carolina · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Milich v. Armour Packing Co.Supreme Court of Kansas · 1899
- Myron v. Union Railroad Co.Supreme Court of Rhode Island · 1895
- Cheek v. . R. R.Supreme Court of North Carolina · 1938
- Alderman v. BivinSupreme Court of South Carolina · 1958
- Williams v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1913
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