Wallace Good v. The Pennsylvania Railroad Company

OPINION OF THE COURT

When this action for damages for personal injuries under the Federal Employers’ Liability Act 1 was called for trial settlement discussions ensued between counsel in the presence of the judge and the plaintiff personally. Defendant’s counsel offered to pay the amount which the judge recommended in settlement. That evening after discussion with his client plaintiff’s counsel telephoned acceptance of the offer to defendant’s counsel. It is not disputed and indeed is conceded that the offer was made, that it was accepted and that plaintiff’s counsel had authority to negotiate…