Mullen v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries on May 14, 1877. Writ dated May 21,1877. Answer, a general denial. On April 12, 1878, the defendant was allowed to file a further answer, setting up a settlement of the case by reason of the following paper, signed by the plaintiff by his mark: “ Boston, August 10, 1877. Received of Old Colony Railroad four hundred and fifty dollars in full settlement and satisfaction for any and all claims that I have or may have against said company for injuries…
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Tort for personal injuries on May 14, 1877. Writ dated May 21,1877. Answer, a general denial. On April 12, 1878, the defendant was allowed to file a further answer, setting up a settlement of the case by reason of the following paper, signed by the plaintiff by his mark: “ Boston, August 10, 1877. Received of Old Colony Railroad four hundred and fifty dollars in full settlement and satisfaction for any and all claims that I have or may have against said company for injuries received at or near the entrance to their machine-shop yard, Foundry Street, South Boston, by reason of the cars running…
1Opinion of the CourtSoule, J.
The report shows that there was some evidence tending to prove that the plaintiff was induced to sign the paper, relied on by the defendant as a contract of settlement of the plaintiff’s claim, by false representations as to the purport of the paper, made by the agent of the defendant, and believed by the plaintiff to be true, he being unable to read. With the question of the weight and credibility of this evidence, and the further questions whether the conflicting testimony outweighed it or was more worthy of credit, we have no concern now. The ruling at the trial was that, even if it were…
2Cases cited4 opinions
- Batman v. MegowanCourt of Appeals of Kentucky · 1859
- Brown v. Hartford Fire InsuranceMassachusetts Supreme Judicial Court · 1875
- Estabrook v. SwettMassachusetts Supreme Judicial Court · 1874
- Smith v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1873
3Cited by44 opinions
- Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
- O'Meara v. HaidenCalifornia Supreme Court · 1928
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- O'Donnell v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1888
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