Brown v. Electric Railway Co.

This is an. action for personal injuries, resulting in the death of plaintiff’s husband, Andrew Brown. Defendant introduced no evidence, but demurred to that of plaintiff, which was sustained by the trial Judge and the suit dismissed, and the plaintiff has appealed and assigned errors.

The defendant, as one of his pleas, stated that the matter of damages arising out of this accident was compromised and settled with the deceased in his lifetime.

There was a replication to this plea, among other things, to the effect that this settlement was before the husband died, and before the plaintiff’s…