Southern Railway Co. v. Hogue

Nichols, Justice.

The plaintiff sued Southern Railway Company to recover under the Federal Employers’ Liability Act for injuries allegedly received while working as an employee of the defendant railroad. The defendant filed a plea in bar in which it alleged that the plaintiff had executed a release and received payment for injuries sued for. By amendment the plaintiff added allegations to his petition whereby he plead that the release was void because it was entered into by mutual mistake of both the defendant and the plaintiff as to the extent of the injuries received by the plaintiff and was…