Kansas City Southern Railway Co. v. Armstrong
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; ' The court should have directed a verdict in favor of the appellant.
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Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; ' The court should have directed a verdict in favor of the appellant. The release executed by the appellee, a woman of superior intelligence and education, who was at the time in full possession of all her senses, was valid and binding, and her claim that she did not understand at the time, that she was settling her claim for personal injuries, can not stand against the declaration, “I understand I am settling all claims against the Kansas City Southern Railway Company,” which she wrote into the release. 85 Ark. 592; 131- 111.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff claims to have received ‘bodily injuries on account of a collision of two •trains while she was a passenger on one of them, and she instituted this suit ‘to recover compensation for such injuries. The defendant, tamong other defenses, pleaded a release in writing alleged to have 'been executed by the plaintiff whereby she agreed and did accept .the sum of $10 in money in settlement of 'all of her claims against said defendant company for injuries. The trial of the case resulted in a judgment in favor of the plaintiff for the sum of $2,500, and the defendant has 'appealed to this…
2Cases cited7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HambrightSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. ReillySupreme Court of Arkansas · 1913
- Cherokee Construction Co. v. Prairie Creek Coal Mining Co.Supreme Court of Arkansas · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Perkins Oil Company of Delaware v. FitzgeraldSupreme Court of Arkansas · 1938
- Coleman v. Gulf Refining Co. of LouisianaSupreme Court of Arkansas · 1926
- Lamden v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1914
- Chicago, Rock Island & Pacific Railway Co. v. MatthewsSupreme Court of Arkansas · 1932
- Anderson v. Oregon Short Line R.Utah Supreme Court · 1916
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