Legal Opinion

Thompson v. Union Elevator Co.

Supreme Court of Missouri

Decided April 15, 1883PublishedCited by 14 opinions

Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, Judge. The release was as follows : “ Know all men by these presents, that I, Charles Thompson, in consideration of the sum of $250 to me in hand paid by the Union Elevator Company, do hereby release and forever discharge the said elevator company, its successors and assigns, of and from all actions, causes of action, controversies, claims, damages and demands whatsoever for or by reason of an injury received by me by…

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Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, Judge. The release was as follows : “ Know all men by these presents, that I, Charles Thompson, in consideration of the sum of $250 to me in hand paid by the Union Elevator Company, do hereby release and forever discharge the said elevator company, its successors and assigns, of and from all actions, causes of action, controversies, claims, damages and demands whatsoever for or by reason of an injury received by me by falling from the scaffolding in the elevator of Baid company at Kansas City aforesaid, on the 29th day of November,…

1Opinion of the CourtHenry, J.

The only question involved in this case is whether the lower court erred in rendering a judgment against the defendant for costs. It is a suit by plaintiff against defendant for damages for a personal injury. The .answer of the defendant contained a denial of all the allegations of the petition, and a plea of release. There was a mistrial at the October term, 1878, of the Jackson circuit court, and on the 11th day of November, following, plaintiff executed a release to the defendant of all claim for damages for said injury, and on the 13th day of November, the defendant filed an amended…

2Cases cited4 opinions

  1. Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
  2. Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
  3. Ward v. StateSupreme Court of Missouri · 1829
  4. Gordon's v. MaupinSupreme Court of Missouri · 1847

3Cited by14 opinions

  1. Mangold v. BaconSupreme Court of Missouri · 1911
  2. City of St. Louis v. MeintzSupreme Court of Missouri · 1891
  3. Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
  4. State ex rel. Keck v. SeibertSupreme Court of Missouri · 1895
  5. Murphy v. SmithSupreme Court of Missouri · 1885

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