Nelson v. Chicago & Northwestern Railway Co.
Supreme Court of Minnesota
Action in the district court for Waseca county to recover $1,990 for personal injuries received while employed by defendant as a sectionman. The answer alleged that plaintiff entered into an agreement to accept $250 in full payment of all claims against defendant; that on March 21, 1906, he received that amount.
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Action in the district court for Waseca county to recover $1,990 for personal injuries received while employed by defendant as a sectionman. The answer alleged that plaintiff entered into an agreement to accept $250 in full payment of all claims against defendant; that on March 21, 1906, he received that amount. The amended reply alleged that immediately after the injuries complained of plaintiff was placed in the care of defendant’s physician, and he was the only physician consulted; that he advised plaintiff that the injuries were an ordinary fracture of the thigh bone, and the same would…
1Opinion of the CourtJaggabb, J.
Plaintiff and appellant was injured, it was for present purposes admitted, by the negligence of defendant. Defendant claimed, among other things, that plaintiff had released his claim against *196defendant. Plaintiff replied, alleging that the release was void because of mutual mistake, due to the mutual belief of the parties that the injury was. less serious than it actually was. • The jury returned a verdict for defendant. Plaintiff appealed from the order of the court denying his motion for a new trial.
Undoubtedly, as was pointed out by Collins, J., in Hedin v. Minneapolis M. & S. Institute,…
2Cases cited10 opinions
- Chicago & N. W. Ry. Co. v. WilcoxCourt of Appeals for the Eighth Circuit · 1902
- Great Northern Ry. Co. v. FowlerCourt of Appeals for the Ninth Circuit · 1905
- Lumley v. Wabash R.Court of Appeals for the Sixth Circuit · 1896
- Hedin v. Minneapolis Medical & Surgical InstituteSupreme Court of Minnesota · 1895
- Gulf, Colorado & Santa Fe Railway Co. v. HuyettCourt of Appeals of Texas · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McIsaac v. McMurraySupreme Court of New Hampshire · 1915
- Richardson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1924
- Callan Court Co. v. Citizens & Southern National BankSupreme Court of Georgia · 1937
- Althoff v. TorrisonSupreme Court of Minnesota · 1918
- Mix v. DowningSupreme Court of Minnesota · 1929
13 more not listed; retrieve them via the Exa API.