Holmes v. Missouri-Kansas-Texas Railroad Co.

IRWIN, Justice.

The sole issue on appeal concerns correctness of the trial court’s action in sustaining appellee’s Motion for Summary Judgment. Appellee’s motion was predicated upon the asserted lack of any controversy as to a material fact which would demonstrate grounds for setting aside a previously executed release and satisfaction of appellant’s claim.

Appellant, hereafter plaintiff, sued defendant railroad under Federal Employers’ Liability Act, 45 U.S.C., sec. 51, as amended, to recover damages for personal injuries. The petition alleged injury to plaintiff’s left wrist on February 3,…