Union Pac. R. Co. v. Syas
Decision Date | 02 November 1917 |
Docket Number | 4811.,4810 |
Citation | 246 F. 561 |
Parties | UNION PAC. R. CO. v. SYAS (two cases). |
Court | U.S. Court of Appeals — Eighth Circuit |
John Q Dier, of Denver, Colo. (N. H. Loomis, of Omaha, Neb., and C C. Dorsey and R. L. Stearns, both of Denver, Colo., on the brief), for plaintiff in error and appellant.
Omar E Garwood, of Denver, Colo. (William W. Garwood and George O Marrs, both of Denver, Colo., on the brief), for defendant in error and appellee.
Before CARLAND, Circuit Judge, and AMIDON and MUNGER, District Judges.
James Syas, hereafter called plaintiff, commenced this action to recover of the railroad company, hereafter called defendant, damages for personal injuries received by him through the alleged negligence of the defendant. Among other defenses pleaded by the defendant was a release and satisfaction executed by the plaintiff of all claims for damages growing out of personal injuries received. In his reply to this defense the plaintiff alleged:
On the filing of the reply counsel for defendant petitioned the court that all issues both of law and fact arising out of the pleadings with reference to the release should be heard and determined upon the equity side of the court prior to the trial of the other issues in the case arising on the complaint, answer, and reply. This petition was denied, and an exception allowed. The case subsequently came on for trial, and counsel for defendant again at the opening of the trial requested that the court, sitting as a chancellor, determine the equity issues raised by the pleadings with reference to the release prior to the trial of the case at law for damages. This request was refused, and an exception allowed. The case was then tried to the court sitting with a jury upon all the issues made by the pleadings, both legal and equitable. After the close of all the evidence counsel for defendant filed a written request that the court sitting as a court of chancery make findings of fact and law, and enter a decree thereon disposing of the issues raised by the pleadings in relation to the release, in favor of the defendant; said request being accompanied by specific findings. This request does not seem to have been formally ruled upon, except by the court submitting the equitable issues to the jury. The court, in charging the jury, among other things said:
Counsel for defendant, after the charge was given, again excepted to the refusal of the court to try the equitable issues as requested. The jury returned two verdicts, as follows:
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