Christe v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. M. J. Wade, Judge. Plaintiff is administrator of the estate of on e Lloyd P. Connor, deceased, and brings this action to recover of defendant damages for the death of said intestate, caused, it is charged, by the negligence of said railway company. Among other 'defenses set up was that defendant had fully settled and paid the claim for the death of said Connor. The cause was brought on for trial before a jury.
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Appeal from Johnson District Court. — Hon. M. J. Wade, Judge. Plaintiff is administrator of the estate of on e Lloyd P. Connor, deceased, and brings this action to recover of defendant damages for the death of said intestate, caused, it is charged, by the negligence of said railway company. Among other 'defenses set up was that defendant had fully settled and paid the claim for the death of said Connor. The cause was brought on for trial before a jury. After the testimony was all in, on motion, the court instructed the jury to return a verdidct for defendant, on the ground that the damages…
1Opinion of the CourtWaterman, J.
Lloyd P. Connor, -while in the employ of defendant company, was killed in its yards at Brooklyn, Iowa, May 11,1893. At the time of his death he was unmarried, and he left, surviving, his father and mother, who were his sole heir® at law. On September 20, 1893, defendant made a settlement with the father and mother of said Connor, and took from them the following instrument:
“For the consideration of $250.00, received of the Chicago, Bock Island & Pacific Railway Company, I hereby release and discharge said company from all claims and demands against it, and especially from all liability for…
2Cases cited13 opinions
- Wymore v. Mahaska CountySupreme Court of Iowa · 1889
- Phinny v. WarrenSupreme Court of Iowa · 1879
- Sykora v. Case Threshing-Mach. Co.Supreme Court of Minnesota · 1894
- Moore v. GordonSupreme Court of Iowa · 1867
- Vail v. AndersonSupreme Court of Minnesota · 1895
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3Cited by31 opinions
- City of Louisville v. Hart's Admr.Court of Appeals of Kentucky · 1911
- Kennedy v. DavisSupreme Court of Alabama · 1911
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- In Re Estate of PivonkaSupreme Court of Iowa · 1926
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