Lomax v. Southwest Missouri Electric Railway Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) There is no evidence to show fraud in the execution of the release.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) There is no evidence to show fraud in the execution of the release. (2) A release purporting on its face to be a complete settlement and to contain the whole agreement between the parties, has in its favor the strong presumption of validity, which applies to all written instruments, and the evidence to set it aside must be clear, precise and indubitable. 59 Central Law Journal, 404; Hiroland v. Blake, 97 U. S. 624; Ins. Co. v. Nelson, 103 U. S. 544; Railroad v. Shay, 92 Pa. 198; Ivery v. Phillips, 196 Pa. 1; Stull v. Thompson,…
1Opinion of the CourtEllison, J.
There was a collision between two passenger cars on defendant’ electric railway in Jasper county. Plaintiff was a passenger on one of the cars and was injured. He brought the present action for damages alleged to have been sustained. A trial resulted in a verdict for the defendant. Afterwards plaintiff’s motion for a new trial was sustained and defendant appealed from that order. Defendant’s answer besides denying negligence and damage, pleaded a release executed to it by plaintiff after the injury. Plaintiff’s reply set up an avoidance of the release by a plea that it was obtained from him…
2Cases cited13 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
- Mateer v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Hancock v. BlackwellSupreme Court of Missouri · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- St. Louis S. F. R. Co. v. ChesterSupreme Court of Oklahoma · 1914
- Lowry v. Southern Railway Co.Tennessee Supreme Court · 1906
- Mahr v. Union Pac. R.Court of Appeals for the Ninth Circuit · 1909
- Putnam v. BoyerMissouri Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.