Woody v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from Polk Circuit Court. — No». Argus Cox, Judge. (1) Defendants’ interpretation of the release, and their understanding of the agreement was known to the plaintiff and her attorneys immediately after the settlement, notwithstanding, she never returned or offered to return the $510 paid as a consideration of the compromise, or even as much as tendered a return in her replication," although she does admit therein that she made a settlement of the case.
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Appeal from Polk Circuit Court. — No». Argus Cox, Judge. (1) Defendants’ interpretation of the release, and their understanding of the agreement was known to the plaintiff and her attorneys immediately after the settlement, notwithstanding, she never returned or offered to return the $510 paid as a consideration of the compromise, or even as much as tendered a return in her replication," although she does admit therein that she made a settlement of the case. Such being the condition of the case, it was the duty of the court to sustain defendants’ motion for judgment upon the pleadings, for…
1Opinion of the CourtSmith, P. J.
This is an action which was brought in the Polk county circuit court by the plaintiffs George and Julia Ann Woody, husband and wife, against the defendant to recover $5,000 damages for the death of their infant son, Troy, which it was alleged in the petition was occasioned by the negligence of the agents and servants of said railway company while engaged in operating one of its trains of cars, etc. Upon the application of defendant the venue of the cause was removed to the circuit court of Dallas county; and upon their further application it was removed from the latter court to the circuit…
2Cited by6 opinions
- H. A. Johnson & Co. v. Springfield Ice & Refrigerating Co.Missouri Court of Appeals · 1910
- Southern Missouri & Arkansas Railroad v. WyattSupreme Court of Missouri · 1909
- Everett v. Glenn.Missouri Court of Appeals · 1931
- Black v. EmoryMissouri Court of Appeals · 1925
- Bank of Ozark v. TuttleMissouri Court of Appeals · 1910
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