Mateer v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. This action was commenced in the circuit court, city of St. Louis, at the October term, 1886, for personal injuries alleged to have been sustained by plaintiff on the twenty-fourth day of November, 1882, while engaged as brakesman in the performance of his duties upon a train of defendant on the Carondelet branch.
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Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. This action was commenced in the circuit court, city of St. Louis, at the October term, 1886, for personal injuries alleged to have been sustained by plaintiff on the twenty-fourth day of November, 1882, while engaged as brakesman in the performance of his duties upon a train of defendant on the Carondelet branch. The petition is as follows: “Plaintiff states that the defendant, a corporation organized under the laws of Missouri, was on the twenty-fourth day of November, 1882, and had for a long time prior thereto, and…
1Opinion of the CourtGantt, P. J.
The statement of plaintiff’s evidence is made unusually full, on account of the conclusions we have reached, and to the end that our rulings may be clearly understood.
By reference to the pleadings, it will be seen that the plaintiff sues for injuries received on the twenty-fourth of November, 1882, The defendant, in its answer, pleads a general denial, contributory negligence, and a full settlement and release of damages, on the tenth of March, 1883.
Plaintiff, in his reply, admits the execution of the release, and the receipt of the $300 mentioned in it; but seeks to avoid its effect by…
2Cases cited8 opinions
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- Wallace v. Chicago, St. Paul, Minneapolis & Omaha R'y Co.Supreme Court of Iowa · 1885
- Snider v. Adams Express Co.Supreme Court of Missouri · 1876
- Pryce v. StatlerSupreme Court of Iowa · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Crim v. CrimSupreme Court of Missouri · 1901
- Wagner v. National Life Ins. Co. of MontpelierCourt of Appeals for the Sixth Circuit · 1898
- Nichols v. StevensSupreme Court of Missouri · 1894
32 more not listed; retrieve them via the Exa API.