St. Louis, Iron Mountain & Southern Railway Co. v. Brown
Supreme Court of Arkansas
Appeal from Clark Circuit Court. Joer D. Conway, Judge. J. R. Brown sued the St. Louis, Iron Mountain & Southern Railway Company for injuries received by him as a passenger in a collision. Defendant answered,- denying negligence and setting up a release. Plaintiff recovered a verdict in the sum of $50, from which defendant has appealed. The facts are .stated in the opinion.
Read the full summary
Appeal from Clark Circuit Court. Joer D. Conway, Judge. J. R. Brown sued the St. Louis, Iron Mountain & Southern Railway Company for injuries received by him as a passenger in a collision. Defendant answered,- denying negligence and setting up a release. Plaintiff recovered a verdict in the sum of $50, from which defendant has appealed. The facts are .stated in the opinion. Acceptance of money in settlement of a disputed claim is binding, and cannot be rescinded for fraud unless the money be first returned. 62 Ark. 78; 62 Ark. 347; 59 Ark. 259; 17 Ark. 240; 117 Mass. 479. The evidence is…
1Opinion of the CourtWood, J.
The question as to whether or not the release set up by appellant was a valid contract, and therefore binding on the appellee, was a question for the jury under the evidence, and this question was submitted under proper instructions. At least, no objection is raised here to the instructions, and we therefore treat them as correct. Appellant only insists here that there was no evidence to support the finding that the release was not a binding contract. There was evidence tending to show that the appellee at the time he signed the release did not have sufficient mental capacity, on account of…
2Cases cited3 opinions
- Chicago, Rock Island & Pacific Railway Co. v. LewisIllinois Supreme Court · 1884
- Pederson v. Seattle Consolidated Street Railway Co.Washington Supreme Court · 1893
- Harkey v. Mechanics' & Traders' InsuranceSupreme Court of Arkansas · 1896
3Cited by19 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- Faye Hendrix Vickers, Individually and as Administratrix of the Estate of Arthur Ray Hendrix, Deceased v. Gifford-Hill & Company, Inc.Court of Appeals for the Eighth Circuit · 1976
- Kansas City Southern Railway Co. v. ArmstrongSupreme Court of Arkansas · 1914
- Baird v. Pacific Electric Railway Co.California Court of Appeal · 1919
- Pekin Cooperage Co. v. GibbsSupreme Court of Arkansas · 1914
14 more not listed; retrieve them via the Exa API.