Legal Opinion

Levister v. Southern Ry. Co.

Supreme Court of South Carolina

Decided March 7, 1900PublishedCited by 24 opinions

Before Gage, J., Richland, July, 1898. Action by A. H. Levister against Southern Railway Company for damages for personal injuries.

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Before Gage, J., Richland, July, 1898. Action by A. H. Levister against Southern Railway Company for damages for personal injuries. Circuit decree is as follows: Plaintiff sued defendant for damages to his person; defendant plead in defense payment and release; plaintiff was ordered to reply; he replied, admitting the receipt of $210, and execution of release, but alleging that concurrently with the execution of release defendant made certain other promises to* plaintiff, which it has never performed and never intended to perform; that such other promises were made with the fraudulent purpose…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIver.

This was an action broug'ht by the plaintiff to recover damages from the defendant company for certain injuries received bj' him through the alleged negligence of said compan)'’. The defendant answered, setting up, amongst other defenses, a second defense as. follows: “That after the time of the alleged injury, and before the commencement of this action, the defendant delivered to 'the plaintiff and the plaintiff received from the defendant the sum of $210, in full release, satisfaction and discharge of all claims, for damages…

2Cases cited1 opinion

  1. Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by24 opinions

  1. Hamilton Ridge Lumber Corp. v. Boston InsuranceSupreme Court of South Carolina · 1925
  2. Simpson v. DoggettSupreme Court of South Carolina · 1930
  3. Galphin v. Pioneer Life InsuranceSupreme Court of South Carolina · 1930
  4. Taylor v. Palmetto State Life Ins. Co.Supreme Court of South Carolina · 1940
  5. Worthy v. Jonesville Oil MillSupreme Court of South Carolina · 1907

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