Retzer v. Jacob Dold Packing Co.
Missouri Court of Appeals
Appeal from, the Jackson Circuit Court. — Hon. James Q-ibson, Judge. (1) Tbe court erred in sustaining tbe objection to tbe introduction of any evidence under tbe pleading.
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Appeal from, the Jackson Circuit Court. — Hon. James Q-ibson, Judge. (1) Tbe court erred in sustaining tbe objection to tbe introduction of any evidence under tbe pleading. The pretended settlement was made after plaintiff had brought his action and the reply sets up that the claimed compromise was that defendant was to pay $350 cash and give plaintiff a contract to employ him for such time as plaintiff would designate for which he should receive $1.75 per day and in consideration of this plaintiff would sign the release; that relying on defendant’s promise to do this, he signed the same.…
1Opinion of the CourtSmith, P. J.
This is an action which was brought to recover damages for personal injuries received by the plaintiff while in the employ of the defendant in consequence of the negligence of the latter.
The answer, amongst other things, pleaded in bar of plaintiff’s action, a written release executed by him to defendant which recited that plaintiff had received the sum of $350 in full satisfaction and discharge of all claims accrued or to accrue in respect 'of all injuries, results, direct or indirect, arising, or to arise, from the accident sustained by plaintiff while in the employment of defendant.
The…
2Cases cited11 opinions
- McLean v. ClappSupreme Court of the United States · 1891
- Cahn v. ReidMissouri Court of Appeals · 1885
- Estes v. ReynoldsSupreme Court of Missouri · 1882
- Brown v. Hartford Fire InsuranceMassachusetts Supreme Judicial Court · 1875
- Hill v. JamiesonIndiana Supreme Court · 1861
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3Cited by3 opinions
- Wessel v. William Waltke & Co.Missouri Court of Appeals · 1916
- Coopey v. KeadyOregon Supreme Court · 1914
- Morgan v. National Pump Co.Missouri Court of Appeals · 1898