Legal Opinion

Western & Atlantic Railroad v. Burke

Supreme Court of Georgia

Decided December 2, 1895PublishedCited by 15 opinions

Action for damages. Before Judge Westmoreland. City court of Atlanta. January term, 1895.

1Opinion of the Court

Lumpkin, Justice.

Tliis was an action against tbe railroad company by Burke, an employee, for damages resulting from personal injuries, in which, he obtained a verdict for $715.00, “less one hundred and sixty-five dollars already paid.” At the trial, the defendant introduced a writing signed by Burke, whereby he acknowledged the receipt of $165.00 in full settlement for the injuries inflicted upon him by the defendant. 'He sought to avoid the effect of this instrument by showing that he could neither read nor write, and that, in ignorance of the real contents of the paper, he signed it,…

2Cases cited2 opinions

  1. East Tennessee, Virginia & Georgia Railway Co. v. HayesSupreme Court of Georgia · 1889
  2. Butler v. Richmond & Danville RailroadSupreme Court of Georgia · 1891

3Cited by15 opinions

  1. Petty v. Brunswick & Western Railway Co.Supreme Court of Georgia · 1900
  2. Georgia Railway & Power Co. v. EndsleySupreme Court of Georgia · 1928
  3. Williams v. FottchéSupreme Court of Georgia · 1924
  4. Pennsylvania Casualty Co. v. ThompsonSupreme Court of Georgia · 1908
  5. Guaranty Life Insurance v. JohnsonCourt of Appeals of Georgia · 1939

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