O'Brien v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. J. H. Preston, Judge. Action at law to recover damages for a personal injury which the plaintiff sustained while engaged in the service of the defendant as brakeman on a freight train. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals.— The neglect of the plaintiff to return the money received under the. settlement is fatal to his recovery.
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Appeal from Linn District Court. — Hon. J. H. Preston, Judge. Action at law to recover damages for a personal injury which the plaintiff sustained while engaged in the service of the defendant as brakeman on a freight train. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals.— The neglect of the plaintiff to return the money received under the. settlement is fatal to his recovery. He can not. repudiate the contract of settlement, upon the ground of fraud, while retaining all the fruits thereof. Prompt return, or tender, of the money received was a…
1Opinion of the CourtRotheock, J.
The- plaintiff was rear brakeman •on a freight train running between Savanna, 111., and Van Horne, Iowa. At the time he sustained the injury for which this action was brought he was about forty years old, had a family, and had been in railroad ser*650vice for fifteen years. He had been in the employ of the defendant for about four months. On the eighth day of September, 1890, while engaged in said employment, his left hand was crushed, while attempting to-make a coupling, so that it was necessary to' amputate three fingers. It appears that the two cars which were to be coupled together were…
2Cases cited9 opinions
- Allerton v. . AllertonNew York Court of Appeals · 1872
- Chicago, Rock Island & Pacific Railway Co. v. LewisIllinois Supreme Court · 1884
- Mullen v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1879
- Wallace v. Chicago, St. Paul, Minneapolis & Omaha R'y Co.Supreme Court of Iowa · 1885
- Chicago, Rock Island & Pacific Railroad v. DoyleSupreme Court of Kansas · 1877
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- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
- St. Louis S. F. Ry. Co. v. RichardsSupreme Court of Oklahoma · 1909
- Louisville & Nashville R. R. v. McElroyCourt of Appeals of Kentucky · 1896
- Scheel v. Superior Manufacturing Co.Supreme Court of Iowa · 1958
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