Jessup v. Chi. & N. W. Ry. Co.

• Decision Date: 15 October 1896
• Citation: 99 Iowa 189,68 N.W. 673
• Court: Iowa Supreme Court
• Parties: JESSUP v. CHICAGO & N. W. RY. CO.

99 Iowa 189

68 N.W. 673

JESSUP

v.CHICAGO & N. W. RY. CO.

Supreme Court of Iowa.

Oct. 15, 1896.

Appeal from district court, Hamilton county; N. B. Hyatt, Judge.

The petition charges that the plaintiff, while in the defendant's employ as a brakeman, and in the discharge of his duties, was run over by defendant's cars, and his leg so injured that it had to be amputated; that said injury was caused by the carelessness and negligence of defendant's servants, and that the plaintiff was not guilty of negligence which contributed thereto; that thereafter the defendant made an oral agreement of settlement with plaintiff, wherein defendant promised and agreed orally to give plaintiff $400 in money and permanent employment on a switch engine in defendant's yards at Eagle Grove at a salary of $45 per month; that defendant then paid plaintiff said $400, and verbally agreed, in consideration of his injury, to give him a salary of $45 per month as long as he lived, and to put him on the pay roll of the company as soon as he was able to report for duty; that the principal consideration for the settlement was the promise to put plaintiff on the pay roll, and give him a permanent place on a switch engine, as aforesaid, and he accepted the $400 with the express understanding that he should have said permanent employment; that on June 19, 1885, he reported for duty, and demanded his place, which defendant refused, and still refuses to carry out said agreement of settlement; that he has been unable to obtain employment elsewhere. Damages are claimed in the sum of $10,000. Defendant answered first with a general denial. Afterwards, in an amendment to its answer, it averred, in substance, that on March 31, 1885, plaintiff and defendant had a full settlement in writing, signed by both parties, by the terms of which the defendant was to pay plaintiff $400, and to furnish him with an artificial limb, all of which it did; that as a part of said settlement in writing it was agreed that defendant had paid in board bills and doctor's bills for plaintiff $185.75; and in consideration of all of the above plaintiff fully released the defendant from all liability and damages growing out of the injury set out in the petition. To this plaintiff replied, denying the settlement, denying all of the allegations of the answer, and denying that he signed the paper referred to in the answer; avers that while he was sick he signed the paper, believing it to be a receipt, and not a release of his claim or cause of action; that his signature was procured by fraud. The cause was tried to the court and a jury, and at the close of the plaintiff's evidence the defendant moved the court to strike out certain evidence, and to direct a verdict for the defendant, which was done, and judgment rendered against plaintiff for costs, from which rulings and judgment this appeal is prosecuted. Affirmed.D. C. Chase, for appellant.

J. C. Cook, for appellee.

KINNE, J.

1. This is the second appeal in this case. See 82 Iowa, 243, 48 N. W. 77. While the motions which were sustained by the district court embraced many distinct...