Doten v. Southern Ry. Co.

MARTIN, District Judge.

The plaintiff, administrator by appointment of the Probate Court of Shelby County, Tennessee, has brought this action against the defendant railroad company for $25,000 damages, for causing, by alleged wrongful act, the death of Frank Spitzer in Knox County, Tennessee.

At preliminary trial conference, oral argument was heard with respect to the effect of the plea of accord and satisfaction set up in the first defense of the answer of the defendant. Helpful briefs on this issue have been submitted and considered.

The following authorities relied upon by the plaintiff have…