Lusted v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action to recover damages for personal injuries received by the plaintiff in a collision on the defendant’s railroad, alleged to have been caused by the negligence of the defendant’s servants.
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APPEAL from the Circuit Court for Dane County. Action to recover damages for personal injuries received by the plaintiff in a collision on the defendant’s railroad, alleged to have been caused by the negligence of the defendant’s servants. The answer among other things alleges that after the collision and injury the plaintiff, in consideration of a sum of money paid to him, by an instrument under seal, released and discharged the defendant from all claims and demands by reason of the claim set up in the complaint. There was a special verdict relating to the execution of the release, the…
1Opinion of the CourtCole, C. J.
Unless the plaintiff is barred from a recovery in this action by the release given in evidence, the judgment appealed from must be affirmed. The plaintiff was a mail-agent, and was injured while traveling on the defendant's road, by a collision' which occurred solely through the negligence of an engineer in charge of and running an engine on its road. It is not claimed that the plaintiff was at fault, or contributed in any way through want of care to produce the injuries he sustained. When injured he was in the discharge of his duties as mail-route agent, and doubtless held the relation of a…
2Cases cited4 opinions
- Schultz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Fuller v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
- Green Bay & Mississippi Canal Co. v. HewittWisconsin Supreme Court · 1885
- Sanger v. DunWisconsin Supreme Court · 1879
3Cited by28 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Lumley v. Wabash R.Court of Appeals for the Sixth Circuit · 1896
- Wagner v. National Life Ins. Co. of MontpelierCourt of Appeals for the Sixth Circuit · 1898
- Sanford v. Royal InsuranceWashington Supreme Court · 1895
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
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