Causey v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Long, Jat December Term, 1913, of RANDOLPH. Tbis is an action to recover damages for tbe wrongful death of tbe plaintiff’s intestate, caused, as alleged, by tbe negligence of tbe defendant. Tbe intestate was injured on 1 December, 1903, and died on 7 June, 1912. On 27 December, 1903, tbe intestate executed tbe following conditional release: Seaboard Am Line Railway. Conditional Release .Agreement.
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Appeal by defendant from Long, Jat December Term, 1913, of RANDOLPH. Tbis is an action to recover damages for tbe wrongful death of tbe plaintiff’s intestate, caused, as alleged, by tbe negligence of tbe defendant. Tbe intestate was injured on 1 December, 1903, and died on 7 June, 1912. On 27 December, 1903, tbe intestate executed tbe following conditional release: Seaboard Am Line Railway. Conditional Release .Agreement. If, before tbe expiration of thirty days from tbis date, tbe Seaboard Air Line Railway shall pay to me, II. 0. Causey, tbe sum of $75, I hereby agree to release tbe said…
1Opinion of the CourtAlleN, J.
There was evidence to> support tbe finding by tbe jury that tbe injury in 1903 caused tbe death of tbe intestate, and this is practically conceded by tbe defendant.
It is, however, earnestly insisted that there was no evidence of fraud or undue influence in procuring tbe execution of tbe release set up as a defense.
No presumption of fraud arises from tbe relation of employer and employee, “but it is recognized by tbe courts that tbe employer has great influence in determining tbe conduct of tbe employee, and may use it to bis injury.” King v. R. R., 157 N. C., 63. And “Where there is no…
2Cases cited18 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Hume v. United StatesSupreme Court of the United States · 1889
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Louisville, Evansville, & St. Louis Railroad v. ClarkeSupreme Court of the United States · 1894
- Suell v. DerricottSupreme Court of Alabama · 1909
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- Marks v. ReissingerCalifornia Court of Appeal · 1917
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- Cowart v. HoneycuttSupreme Court of North Carolina · 1962
- Lawlor v. Cloverleaf Memorial Park, Inc.Supreme Court of New Jersey · 1970
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