Tate v. Wabash Railroad
Missouri Court of Appeals
Appeal from Macon Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The release pleaded by respondent is not conclusive of appellant’s rights, the consideration therein recited is subject to explanation by parol testimony. Harrington v. Railroad, 60 Mo. App. 223; Stewart v. Railroad, 141 Ind. 55, 40 N. El 67; Dolan v. Penn Co., 6 Ind. App. 109, 32 N. E. 802; Smith v. Railroad (Tex.), 82 S. W 788; Heath v. Railroad, 29 Ind.
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Appeal from Macon Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The release pleaded by respondent is not conclusive of appellant’s rights, the consideration therein recited is subject to explanation by parol testimony. Harrington v. Railroad, 60 Mo. App. 223; Stewart v. Railroad, 141 Ind. 55, 40 N. El 67; Dolan v. Penn Co., 6 Ind. App. 109, 32 N. E. 802; Smith v. Railroad (Tex.), 82 S. W 788; Heath v. Railroad, 29 Ind. App. 401; Hobbs v. Electric Co., 75 Mich. 550; Houlihan v. Railroad (Ind.), 54 L. R. A. 787; Windsor v. Railroad (Wash.), 79 Pac. 613; Fire Assn. v. Wickham, 141 U. S. 564;…
1Opinion of the CourtJohnson, J.
Plaintiff alleges in her petition that on September 6, 1904, she was injured while a passenger on one of defendant’s trains, by the derailment of the coach in which she was riding; that in October, afterward, she entered into a contract with defendant by the terms of which, in part consideration for and release and satisfaction of her claim for damages, defendant agreed to provide her and her family, during her natural life, with free transportation over its railroad system; that defendant did furnish such transportation until July, 1907, when it notified plaintiff of its intention not to…
2Cases cited16 opinions
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- Pennsylvania Co. v. DolanIndiana Court of Appeals · 1892
- Wojtylak v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1905
- Harrington v. Kansas City Cable Railway Co.Missouri Court of Appeals · 1895
- Hobbs v. Brush Electric Light Co.Michigan Supreme Court · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Pile v. BrightMissouri Court of Appeals · 1911
- Gunter v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1932
- Harvey v. Richmond, Fredericksburg & Potomac Railway Co.Supreme Court of Virginia · 1934
- Hurr v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910
- Stringer v. Geiser Manufacturing Co.Missouri Court of Appeals · 1914
5 more not listed; retrieve them via the Exa API.