Legal Opinion

Atchison, T. & S. F. Ry. Co. v. Skeen

Court of Appeals of Texas

Decided February 25, 1915No. 401PublishedCited by 14 opinions

Appeal from District 'Court, El Paso County; M. Nagle, Judge. Action by T. D. Skeen against the Atchison, Topeka & Santa Fé Railway Company. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtHarper, C. J.

Appellee filed this suit for damages for personal injuries, which, he alleged, were occasioned through the negligence of appellant.

Appellant, among other defenses, pleaded a settlement and release. Appellee, by supplemental petition, admitted that he signed the r'elease set up, admitted receipt of $850, but that the release was obtained by fraudulent misrepresentations upon the part of the agents1 of the railway company, in that he was promised as a part of the consideration for the execution of the release, employment by the railway company, which was refused.

The trial before jury resulted…

2Cases cited2 opinions

  1. Rapid Transit Railway Co. v. SmithTexas Supreme Court · 1905
  2. Heath v. HuffhinesCourt of Appeals of Texas · 1914

3Cited by14 opinions

  1. Dallas Farm MacHinery Company v. ReavesTexas Supreme Court · 1957
  2. Texas & N. O. Ry. Co. v. ThompsonTexas Commission of Appeals · 1929
  3. Texas & P. Ry. Co. v. PresleyTexas Commission of Appeals · 1941
  4. Roy Klossner Company v. McIntireCourt of Appeals of Texas · 1957
  5. Atchison, T. & S. F. Ry. Co. v. HargraveCourt of Appeals of Texas · 1915

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