Lamden v. St. Louis Southwestern Railway Co.

• Decision Date: 09 November 1914
• Docket Number: 233
• Citation: 170 S.W. 1001,115 Ark. 238
• Parties: LAMDEN v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY and ST. LOUIS SOUTHWESTERN RAILWAY COMPANY v. PRIBBLE
• Court: Arkansas Supreme Court

170 S.W. 1001

115 Ark. 238

LAMDEN v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY and ST. LOUIS SOUTHWESTERN RAILWAY COMPANY v. PRIBBLE

No. 233

Supreme Court of Arkansas

November 9, 1914

Appeal from Cleveland Circuit Court; Henry W. Wells, Judge affirmed.

STATEMENT BY THE COURT.

Mrs Zella Crutchfield brought suit for damages for personal injuries received in a wreck of appellant's passenger train, upon which she was a passenger, in April, 1913, and the railroad company admitted she was a passenger; denied that its negligence caused the wreck and injury; that she was injured as claimed; and set up, as a further defense a full release, signed by Zella Lawson, who, it alleged, was Zella Crutchfield. Mrs. Zella Crutchfield died in July, 1913, and the suit was revived in the name of her administrator; the complaint was then amended to allege that she suffered pain and anguish from the injuries received to the time of her death; and that she lost several dollars in money in the wreck; and that she was deceived and imposed upon by the claim agent, and induced to sign the release for $ 50, under the belief that it was only in settlement for the money lost and not for her claim for damages; that she was not capable of contracting at the time of the execution of the release which it was alleged was fraudulently obtained. The amended answer admits that deceased was a passenger upon the wrecked train; denied that she was injured by the negligence of the railway company, all the other material allegations of the complaint, and plead the release in bar as in the first answer.

The mother first filed suits for damages for each of the children, Mabel and Lucile, as next friend, and upon her death the guardian was substituted, and the causes proceeded. The three cases were consolidated and tried together.

Mrs Zella Crutchfield and her two little daughters, Mabel and Lucile Lawson, were passengers on appellant's train in April, 1913, which was wrecked near Eagle Mills, the coach in which they were riding was derailed, and rolled down the embankment, and into the water, which was waist deep in the coach to the smaller girl. The passengers were very much frightened, and the mother and two little girls had to be taken out of the windows feet foremost, by the other passengers, some pushing them out from below, while others on top of the side of the coach pulled from above. Ed Harper, who was also a passenger on the train, stated:

"The car was derailed and the local chair car lay on its side at the foot of an embankment five or six feet, in the water. I helped remove the passengers from under the car. I helped to take them all out. The car was turned over, and we shoved them through. Some pushed them out, and some took them from above. We could hardly get them out. There was a lady and three or four children. I didn't know who she was, and did not make inquiry. They were shoved out feet foremost. I don't know anything about the injury. Didn't have time to notice. There were a number of persons injured there, injured and bloody. The woman was scared to death. I did not know her."

The testimony tends to show that Mrs. Zella Crutchfield was considerably bruised and injured in the wreck. The doctor said she had a slightly fractured rib, which he plastered, and it didn't require further treatment; that her injuries were all on her left side, and she was up when he called and limped about two or three days; that the injuries were not such as to cause a great deal of mental anguish.

There was other testimony, tending to show that her injuries were much more severe. Another physician saw her on the 17th, and found her almost prostrated and suffering a great deal, and nearly unconscious, complaining of her arm, and how it hurt. This physician said he visited her six times, and her attendants told him she complained continually.

The older girl was bruised on the side of the head, her face and ear being bloody, and the smaller girl was scratched and cut about the knee on the under side. No physician attended either of them. One, who called on the mother, stated he noticed some slight bruises on the side of the head of one of the children, but that they were playing about, and that he did not treat them, and was not asked to do so.

The uncle of the children, who took them after the mother's death, said that the older girl had become hard of hearing in the ear on the side of the face that was bruised in the wreck, since that time, and had had a good deal of trouble with her eyes at school, and had not had any trouble of the kind before the injury. A physician stated that a bruise on the side of the head in the region where the testimony indicated this to have been, would tend to produce deafness. The uncle, also, said that the scar and cut was noticeable on the leg of the younger girl when she came to his home some considerable time after the wreck. Other testimony tended to show that the girls were little injured.

Another witness, who helped remove them from the car, in answer to the question, if he saw the little girls on the train, said:

"Yes, sir; I know and recognize them. I saw them take them and a woman out from under the car. The children and the mother were going on terribly. They were hollering and screaming at the top of their voices. I don't know the extent of their injury. A number were injured there. They were taken through the window. The coach was turned over in mud and water."

A good deal of testimony was introduced relative to the extent of the injuries to Mrs. Crutchfield, who was shown to be the same person as Zella Lawson, and went by that name, and also as to her condition at the time of signing the release, and the manner of its being obtained.

The testimony shows that she did sign the following release shortly after the arrival of the train on which the passengers were taken from the wreck to Pine Bluff, while in the waiting room, in the presence only of the claim agent and the children:

"GENERAL RELEASE.

"Whereas, I, Zella Lawson, of the county of Grant (Sheridan), State of Arkansas, was injured at or near Eagle Mills, Ark., about the 15th day of April, 1913, on a line of the railway owned or operated by the St. Louis Southwestern Railway Company (hereinafter called the railway company), while a passenger on train No. 2 in wreck. Left leg bruised and chest bruised and sprained. Lost $ 12.50 in cash, under circumstances which I claim render the railway company liable in damages, although such liability is denied by the railway company, and the undersigned being desirous to compromise, adjust and settle the entire matter:

"Now, therefore, for the sole and only consideration of the sum of fifty dollars ($ 50.00), to me this day paid by the St. Louis Southwestern Railway Company, the receipt of which is hereby acknowledged, in behalf of itself and other companies over whose lines its trains are run, or any other railway companies causing, or in any manner contributing to said accident and injury, I do hereby compromise said claim and do release and forever discharge the said St. Louis Southwestern Railway Company, and all companies over whose lines its trains are run, or any other railway company causing or in any manner contributing to said accident and injury, their agents and employees, from any and all liability for all claims, for all injuries including those that may hereafter develop, as well as those now apparent, and also do release and discharge them of all suits, actions, causes of actions and claims for injuries and damages, which I have or might have arising out of the injuries above referred to, either to my person or property, and do hereby accept said sum in full, final and complete settlement and satisfaction for all damages of every kind and character growing out of or in any way connected with the said accident.

"I further represent and covenant that at the time of receiving said payment and signing and sealing this release I am of lawful age and legally competent to execute it and that before signing and sealing it, I have informed myself of its contents and executed it with full knowledge thereof.

"Given under my hand and seal this 15th day of April, A. D. 1913.

(Signed)

"Zella Lawson.

"In presence of A. S. Madding."

It shows also that the claim agent delivered to her a draft on the treasurer of the company for $ 50, in payment, in accordance with the terms of the release, and that she collected the money thereon and kept it. She took the draft to her bank to have it cashed, and the cashier, Phillip Johnson, testified that Zella Lawson was the same person who went by the name of Zella Crutchfield, and:

"Tell the jury what occurred between you and her when she presented the draft."

A. I asked Mrs. Lawson, through curiosity, what it was. I read the draft, and she told me she was in a wreck on the Cotton Belt railway, and I told her if she signed this draft, she would have no case against the Cotton Belt for injuries at all.

Q. Did you read the draft to her?

A. Yes, sir; and told her, also, that I wouldn't sign it.

Q. What did she say?

A. She said that she would sign it; she also said that she was frightened a right smart in the wreck, and didn't get hurt much.

Q. What did she say about the amount, $ 50?

A. She said that was sufficient.

Q. She said she wasn't hurt much, but excited?

A. Yes, sir.

Q. Was that draft paid?

A. Yes, sir; it was deposited and paid, and the next day afterward, she drew out $ 30.

Q. Was she in a normal condition?

A. Yes, sir.

Q. Did she complain of any injury?

A. No, sir.

Q. You explained to her at the time that that was a full and complete settlement of all injuries that she might have sustained?

A. Yes, sir.

Q. What did...