Southern Ry. Co. v. Clark
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Action- by John Clark against the Southern Railway Company. There was a judgment for plaintiff, and defendant brings error. Clark was a passenger on one of defendant’s roads in Tennessee, and suffered injuries through derailment of the train on October 20, 1913. He recovered a verdict of §1,000, and defendant prosecutes error.
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In Error to the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Action- by John Clark against the Southern Railway Company. There was a judgment for plaintiff, and defendant brings error. Clark was a passenger on one of defendant’s roads in Tennessee, and suffered injuries through derailment of the train on October 20, 1913. He recovered a verdict of §1,000, and defendant prosecutes error. The declaration charges defendant with negligence through certain alleged facts and circumstances, and in setting out his injuries plaintiff alleges among…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). [1] We have a case where the real damage has been ascertained to have been $1,000, which in terms was released for $10. There is testimony tending to show that the release was executed: (1) Upon plaintiff’s complaint of injury to one of his ankles and in his loins and groin; (2) upon an attending physician’s statement to plaintiff — made after treatment of the ankle and some examination as to the other injury complained of — that “you are just mostly scared and sick at the stomach,” and “you will soon get over that,” which apparently satisfied plaintiff,…
2Cases cited7 opinions
- Union Pac. Ry. Co. v. ArtistCourt of Appeals for the Eighth Circuit · 1894
- George v. TateSupreme Court of the United States · 1881
- Hartshorn v. DaySupreme Court of the United States · 1857
- Lumley v. Wabash R.Court of Appeals for the Sixth Circuit · 1896
- Wagner v. National Life Ins. Co. of MontpelierCourt of Appeals for the Sixth Circuit · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Thompson v. CampCourt of Appeals for the Sixth Circuit · 1947
- McVeigh v. McGurrenCourt of Appeals for the Seventh Circuit · 1940
- Raytheon Mfg. Co. v. Radio Corporation of AmericaCourt of Appeals for the First Circuit · 1935
- Pringle v. StorrowDistrict Court, D. Massachusetts · 1925
- Patterson v. Cincinnati, N. O. & T. P. Ry. Co.District Court, E.D. Kentucky · 1932
11 more not listed; retrieve them via the Exa API.