Griggs v. Chicago, Rock Island & Pacific Railway Co.

Plaintiff recovered a judgment for $2,500, for personal injuries sustained while in defendant’s employ, and de*302fendant appealed. While the appeal was pending here and undetermined, defendant paid plaintiff $500, which was accepted by him in full settlement of his claim. The parties at the time filed a stipulation that the appeal should be dismissed. The settlement was effected and the dismissal agreement entered into without the knowledge of plaintiff’s counsel. Before the trial began in district court, plaintiff had contracted in writing with his counsel to pay an attorney fee contingent on…