Coon v. . Knap
New York Court of Appeals
The plaintiff in this action and her sister were passen gers in a stage coach owned by the defendants, who used it for the carriage of passengers for hire between Bridge-water and New-Berlin. On the 13th of June, 1849, while passing from Bridgewater towards New Berlin, it was carelessly overturned and the plaintiff’s leg was badly broken and her side injured.
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The plaintiff in this action and her sister were passen gers in a stage coach owned by the defendants, who used it for the carriage of passengers for hire between Bridge-water and New-Berlin. On the 13th of June, 1849, while passing from Bridgewater towards New Berlin, it was carelessly overturned and the plaintiff’s leg was badly broken and her side injured. On the 13 th of July thereafter, the defendant called at the plaintiff’s residence and inquired of the two sisters what the damages were. Their father, who was present, replied that “if she got right along, he thought the damages then…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The plaintiff after receiving her injury gave the defendant a receipt in these words: "Rec'd, Brookfield, July 11, 1849, of Wm. D. Knap, forty dollars in full for damage done to us by the stage accident on the 18th June last;" signed by plaintiff, and the judge at the circuit held that this receipt constituted a bar to the action, and should be so held by the jury, unless the plaintiff has shown by parol evidence that there was a condition annexed to the receipt…
2Cited by34 opinions
- Komp v. . RaymondNew York Court of Appeals · 1903
- Hancock v. BlackwellSupreme Court of Missouri · 1897
- Marsh v. . McNairNew York Court of Appeals · 1885
- Stiebel v. . GrosbergNew York Court of Appeals · 1911
- Home Insurance v. A. T. & S. F. R. R.Supreme Court of Colorado · 1893
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