Smith v. Chicago, Rock Island & Pacific Railroad

BAILEY, Presiding Judge:

The plaintiff brought this action for personal injuries sustained by him on February 20, 1969, arising out of an industrial accident under the Federal Employers’ Liability Act. Plaintiff, as defendant’s employee, was riding in the caboose of a train which : stopped unexpectedly. He was thrown from his seat into the window frame and suffered a deep cut on his forehead requiring a number of stitches. The defendant interposed the defense of settlement and release of the plaintiff’s claim. The plaintiff filed a reply setting up that the purported release had been executed…