Seymour v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Clinton District Court. — A. J. House, Judge. Plaintiff was injured while in the employ of the defendant and seeks to recover damages therefor; his claims are put in issue generally, -and there is a special defense that there has been a settlement and release. Verdict was directed against the plaintiff, and he appeals.
1Opinion of the CourtSalinger, J.
I. If verdict was rightly directed against plaintiff because of settlement and release, there is no occasion to go into whether he had a case for a jury on the claim made by his petition. So we give precedence to whether plaintiff made a jury question on the plea of avoidance interposed by him against his release.
1. Release : validity: fraud : expression of opinion. It is affirmatively defended and admitted that, on the 30th day of September, 1933, a written settlement was entered into and signed by the plaintiff which acknowledges the receipt of $500 in full satisfaction, contains a…
2Cases cited34 opinions
- Union Pac. Ry. Co. v. ArtistCourt of Appeals for the Eighth Circuit · 1894
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Chicago & N. W. Ry. Co. v. WilcoxCourt of Appeals for the Eighth Circuit · 1902
- Meyer v. HouckSupreme Court of Iowa · 1892
- Culbertson v. BlanchardTexas Supreme Court · 1891
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3Cited by23 opinions
- Richardson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1924
- Barnard v. Cedar Rapids City Cab Co.Supreme Court of Iowa · 1965
- Scheel v. Superior Manufacturing Co.Supreme Court of Iowa · 1958
- Owens v. Norwood-White Coal Co.Supreme Court of Iowa · 1919
- Jordan v. Brady Transfer & Storage Co.Supreme Court of Iowa · 1939
18 more not listed; retrieve them via the Exa API.