Spitzer v. Knoxville Iron Co.

A declaration was filed alleging the wrongful death of one H. A. Irish, in defendant’s mine, through the culpable negligence of the latter. It was averred that the deceased left a widow, Elizabeth, and several children, for whose joint benefit the suit was brought. The defendant pleaded as matter of accord and satisfaction that prior to the bringing of the suit a full compromise of the claim had been effected with the widow, and her receipt taken, showing a full acquittance, a copy of which was set out in the plea. A replication was filed presenting two points: Firstly, that the compromise…