Atchison v. Higgins

• Decision Date: 15 December 1899
• Docket Number: 558
• Citation: 59 P. 175,9 Kan.App. 672
• Court: Kansas Court of Appeals
• Parties: ATCHISON, TOPEKA & SANTA FE RAILROAD COMPANY, AND ALDACE F. WALKER et al., Receivers, v. JOHN J. HIGGINS

59 P. 175

9 Kan.App. 672

ATCHISON, TOPEKA & SANTA FE RAILROAD COMPANY, AND ALDACE F. WALKER et al., Receivers, v. JOHN J. HIGGINS

No. 558

Court of Appeals of Kansas

December 15, 1899

Decided December, 1899.

Error from Sedgwick district court; C. REED, judge.

Judgment of district court reversed.

SYLLABUS

RAILROADS -- Injury to Employee -- Release. The record examined, and held, that the evidence and special findings of the jury show that plaintiff executed a valid agreement releasing the railroad company from all liability for injuries alleged to have been received by him while in its service.

A. A Hurd, W. Littlefield, and F. W. Bentley, for plaintiffs in error.

Adams & Adams, and J. D. Houston, for defendant in error.

OPINION

SCHOONOVER, J.:

John J. Higgins, defendant in error, brought this action against the Atchison, Topeka & Santa Fe Railroad Company to recover damages for injuries alleged to have been sustained by him while in its service as brakeman. Afterward, A. F. Walker, J. J. McCook, and J. C. Wilson, receivers of the railroad, were, by order of the court, made parties defendant with the railroad company.

The railroad company and receivers filed separate answers, in each of which it was alleged

"that after the date said injuries are alleged to have been sustained, to wit, on the 14th day of October, 1892, the said plaintiff received and accepted from said defendant, the Atchison, Topeka & Santa Fe Railroad Company, the sum of $ 125 in full release, discharge and satisfaction of all claims, damages or causes of action arising from said alleged injuries, and in consideration of said sum of money entered into a written contract with said defendant the Atchison, Topeka and Santa Fe Railroad Company, by the terms and conditions of which he remised, released and forever discharged the said defendant, the Atchison, Topeka & Santa Fe Railroad Company, of and from all manner of actions, causes of action, suits, debts and sums of money, dues, claims and demands whatever in law or equity, which he had, ever had or then had against the said company by reason of any matter, cause or thing whatever, whether same arose upon contract or tort."

Plaintiff replied to this answer, alleging

"that on the 14th day of October, 1892, he was confined to his bed at the Ottawa hospital for railroad employees of the Atchison, Topeka & Santa Fe Railroad Company, and was at that time under the influence of medicines, opiates, and drugs, and was at that time suffering much physical pain, and was mentally and physically incapacitated from understanding or comprehending or transacting business of any kind; that if plaintiff's signature was obtained to the pretended contract as set forth in defendant's answer, purporting to be made on the 14th day of October, 1892, the same was not assented to by this plaintiff; that...