Scheer v. Long Island Rail Road

On July 10, 1948, plaintiff, an employee of defendant, was injured in an accident. On August 12, 1948, he executed a release to defendant and received a payment of $40. In this action, commenced July 6, 1951, plaintiff seeks to recover for personal injuries alleged to have resulted from the July 10, 1948, accident. Defendant moved to dismiss the two causes of action alleged in the complaint on various grounds, one being that plaintiff’s claim had been released. (Rules Civ. Prae., rule 107, subd. 6.) In opposition plaintiff stated merely that, if a general release had been obtained from him,…