Blount v. Gulf, C. & S. F. Ry. Co.

• Decision Date: 18 June 1904
• Parties: BLOUNT v. GULF, C. & S. F. RY. CO.<SMALL><SUP>*</SUP></SMALL>
• Court: Texas Court of Appeals

82 S.W. 305

BLOUNT v. GULF, C. & S. F. RY. CO.^*

Court of Civil Appeals of Texas.

June 18, 1904.

Appeal from District Court, Hill County; W. Poindexter, Judge.

Action by Maggie Blount against the Gulf, Colorado & Santa Fé Railway Company. From a judgment in favor of defendant, plaintiff appeals. Affirmed.

Bounds & Hart, for appellant. J. W. Terry and Lee & Goree, for appellee.

TALBOT, J.

This action was brought by appellant, as surviving widow of Jake Blount, for the benefit of herself and minor children, to recover damages for the death of her husband, alleged to have been caused by the negligence of appellee. She alleged that her husband, while employed by appellee, the Gulf, Colorado & Santa Fé Railway Company, in the capacity of locomotive fireman, was injured by falling into an engine pit of appellee, as a result of its failure to exercise ordinary care in keeping its premises properly lighted, and to provide suitable guards or barriers around said pit for the protection of its employés; that the injury so received was the proximate cause of her husband's death, etc. Appellee answered by general denial, and pleaded in bar a settlement with Jake Blount and a written release executed by him. After hearing the testimony, the trial court peremptorily instructed the jury to return a verdict for appellee, and judgment was entered in accordance therewith. From this judgment, appellant has appealed.

The evidence shows that Jake Blount died on or about the 17th day of February, 1902, of pneumonia, and that appellant was his wife, and she and the children named in her petition were the only parties entitled under the statute to bring suit for damages on account of his death; that said Blount contributed to the support of his wife and children, and they have sustained damages by reason of his death. The evidence was also sufficient to require the submission of the issue to the jury whether or not Blount's death was proximately caused by the injuries alleged to have been received by falling in the engine pit, as a result of appellee's negligence, as alleged in appellant's petition. The undisputed evidence showed that Jake Blount before he died made a settlement with appellee, and appellee paid him a valuable consideration in satisfaction of his claim and demand for the injuries received by him, and for which consideration said Blount executed and delivered to appellee a release and discharge, which reads as follows:

"Contract of Settlement.

"Know all men by these presents, that whereas, on the 15th day of January, 1902, I, the undersigned, was in the employ of the Gulf, Colorado and Santa Fé Railway Company as (1) Locomotive Fireman on (2) Gulf, Colorado and Santa Fé and while so employed received injuries as follows: (3) knee bruised and hurt internally. And whereas said company will not employ or retain in its employment any one who has an unadjusted claim for damages against it, and will not promise employment to or consider any as an applicant for employment who has an unadjusted claim against it:

"Now, therefore, for the purpose of fully ending and determining any claim for damages I may have against said Company and for and in consideration of the sum of One Dollars to me in hand paid by the said Company the receipt whereof is hereby acknowledged, it being agreed that the execution hereof will be conclusive evidence of the receipt of the same by me and that I will never claim that the same was not paid...