Addington v. Western & A. R. Co.

• Decision Date: 19 March 1894
• Citation: 20 S.E. 71,93 Ga. 566
• Parties: ADDINGTON v. WESTERN & A. R. CO.
• Court: Georgia Supreme Court

20 S.E. 71

93 Ga. 566

ADDINGTON v. WESTERN & A. R. CO.

Supreme Court of Georgia

March 19, 1894

Syllabus by the Court.

It was error for the court to direct a verdict for the defendant on the facts in evidence, the parol evidence having been admitted without objection, and the statute of frauds not being pleaded. It was not so clear that the plaintiff was not entitled to recover at least nominal damages as to exclude all reasonable inference to the contrary.

Error from superior court, Whitfield county; T. W. Milner, Judge.

Action by Henry Addington against the Western & Atlantic Railroad Company. Judgment for defendant, and plaintiff brings error. Reversed.

B. Z Herndon and W. K. Moore, for plaintiff in error.

Payne & Tye and R. J. & J. McCamy, for defendant in error.

LUMPKIN J.

Addington brought an action against the Western & Atlantic Railroad Company for the alleged breach of a contract, by the terms of which the defendant had agreed to give him permanent employment in its service, in consideration of his releasing the company from all claim for damages resulting from a personal injury inflicted upon him. In support of the declaration, he proved that he had been seriously injured while in the service of the company, and that the company's superintendent, J. L. McCollum, in consideration of his releasing the company as above mentioned, had agreed to give him "permanent employment on the road, at least so long as he held his position as superintendent;" that, before receiving the injury plaintiff was earning about $62 per month, on an average that, in pursuance of the aforesaid agreement, he was employed for a while in the yard of the defendant to do some light work, and, in a month or two, was given a position as brakeman on the road, but shortly afterwards was discharged without fault on his part. It also appeared from the plaintiff's evidence that, some time after his discharge, he had been able to earn a dollar a day at a sawmill, and, at the time of the trial, he was earning eight dollars a month on a farm. There was, however, no proof as to what wages were paid the plaintiff for services rendered by him to the company after the injury, or as to what his services were worth at any time between the date of his injury and the date of his discharge. Neither was there any direct and positive proof introduced by the plaintiff to show that, at the date of his discharge from the defendant's service, J. L. McCollum was still the superintendent of the company. The defendant introduced in evidence a paper of which the following is a copy: "While employed by the Nashville, Chattanooga & St. Louis Railway, lessee of the Western & Atlantic Railroad Company, upon its road, I was injured on or about the 5th day of April, by getting knocked off of train at E. T., V. & G. crossing; and, the Nashville, Chattanooga & St. Louis Railway, lessee of the Western & Atlantic Railroad, having paid me one hundred and twenty-eight dollars and ninety-five cents, in full of all wages due me to date, and in full for all damages which I have sustained on account of said injury, I hereby acknowledge receipt of said sum, in full satisfaction, as aforesaid, and in full of all demands to this date. [Signed] H. W. Addington. Atlanta, Ga., May 13th, 1891." The plaintiff was then allowed, without objection, to testify that he signed the paper, and was fully aware of its contents when he did so, but that, nevertheless, the main consideration of his signing was not the money paid to him, but the promise and undertaking of the...