Giers v. Atchison, Topeka & Santa Fe Railway Co.

Mr. Presiding Justice Friend

delivered the opinion of the court.

Plaintiff appeals from an order dismissing his suit for recovery of damages for personal injuries under the Federal Employers’ Liability Act on the ground that the claim or demand set forth in the complaint had been released.

The complaint sought damages in the amount of $75,000 for injuries sustained on April 21, 1948, when defendant’s train, on which plaintiff was employed as a chef, was derailed near Daggett, California. He alleged serious injuries to his back, as a result of which he was compelled to have major surgery at…