Texas Pacific Railway Company v. George Dashiell

• Decision Date: 29 May 1905
• Docket Number: No. 212,212
• Citation: 49 L.Ed. 1150,25 S.Ct. 737,198 U.S. 521
• Parties: TEXAS & PACIFIC RAILWAY COMPANY, Plff. in Err. , v. GEORGE H. DASHIELL
• Court: U.S. Supreme Court

198 U.S. 521

25 S.Ct. 737

49 L.Ed. 1150

TEXAS & PACIFIC RAILWAY COMPANY, Plff. in Err.,

v GEORGE H. DASHIELL.

No. 212.

Argued April 11, 1905.

Decided May 29, 1905.

Messrs. David D. Duncan, John F. Dillon and Winslow S. Pierce for plaintiff in error. Mr.Ben M. Terrell for defendant in error.

Mr. Justice McKenna delivered the opinion of the court:

This action was originally brought in the district court of Tarrant county, in the state of Texas, and removed by the railway company to the United States circuit court for the northern district of Texas, on the ground that the railway company is a corporation under the law of the United States. The trial resulted in a verdict for the defendant in error for the sum of $7,500, upon which judgment was entered. It was affirmed by the circuit court of appeals.

The action was for personal injuries sustained by defendant in error through the negligence of the railway company. The defendant in error was a conductor on one of the company's freight trains, with which another train collided, 'whereby,' it is alleged, 'plaintiff was seriously, painfully, and permanently injured in many parts of his body, and especially was he so injured in and about the head, eyes, back, sides, arms, and shoulders, and in the organs and functions of his brain, and in his entire mental and nervous system, and that, as a result of said injuries, plaintiff has, since the reception thereof, now is, and in the future will permanently be, helpless, injured, and unsound of mind and body, and wholly incapable of transacting any kind of business or of doing any kind of mental or manual work, and that he now is and for the remainder of his life will be cared for and protected, if at all, by his friends and relatives.'

And it is also alleged:

'That as a result of said negligence and collision plaintiff further says he was badly burned about the legs, sides, back, arms, hands, and head, and that his left eye has become seriously affected by reason of said injury thereto, and by reason of said injury to his head and nervous system affecting said eye, in so much that the value, use, and sight of said eye is now greatly impaired and almost entirely lost, and that the sight of his right eye is also now considerably weakened and impaired by reason of its sympathy for his said left eye. That as a result of said negligence and injury plaintiff now suffers, has suffered, and for all his life will continue to suffer, great physical pain and much mental anguish and pain.'

Among other defenses plaintiff in error pleaded a release executed by defendant in error on the 2d of February, 1901, which is as follows:

'Whereas, on and prior to the 24th day of December, 1900, I, G. H. Dashiell, was employed by the Texas & Pacific Railway Co. as brakeman and extra freight conductor at or near Eastland, Texas, on the said 24th day of December, 1900, about 3:15 o'clock A. M. I sustained certain personal injuries in the manner and of the character described, to the best of my knowledge and ability, to wit:

'Extra east eng. 189 struck caboose of extra east eng. 255, 2 1/2 miles east of Eastland, bruising my body, right leg, right arm, and giving me a scalp wound.

'And, whereas, it is by said railway company and myself mutually desirable to maintain amicable and pleasant relations and avoid all controversy in respect to said matter:

'Now, therefore, to that end, and in consideration of thirty and no /100 dollars, to me now here paid in cash by said Texas & Pacific Railway Company, I hereby release and acquit, and by these presents bind myself to indemnify and forever hold harmless, said Texas & Pacific Railway Company from and against all claims, demands, damages, and liabilities, of any and every kind or character whatsoever, for or on account of the injuries and damages sustained by me in the manner or upon the occasion aforesaid, and arising or accruing, or hereafter arising or accruing, in any way therefrom.

'It is expressly understood that, although we remain as free to contract with each other as if this transaction had not occurred, the Texas & Pacific Railway Company has not and does not agree to bind itself to employ me at or for any time, or in any capacity whatsoever.

'And it is also expressly understood, that all premises and agreements respecting or in any wise relating to the subject hereof are fully expressed herein and no others are made or exist.'

The plaintiff in error further pleaded that defendant in error remained in its service and employment for about three months, and did at said time and at all times thereafter ratify and approve the release and all of its terms and provisions.

To that part of the answer which pleaded the release, defendant in error demurred, and also answered, alleging that (1) at the time of its execution and ratification, if it was ratified, he was of unsound mind; (2) He and plaintiff in error were mistaken as to the extent of his injuries, and did not contemplate the result set out in his petition; (3) The release was without consideration.

These defenses to the release were disposed of by the court as follows:

'On the question of the release of the defendant from liability for the injury sustained by plaintiff, you are charged that the agreement entered into between the plaintiff and the defendant company, which has been introduced in evidence, is a release of the defendant from liability for the particular injuries which are enumerated in the face thereof, to wit: injuries to his body, right leg, right arm, and a scalp wound. The court does not, however, construe it to be a release for the injuries alleged to have been received by him resulting in the impaired mental powers, and in the partial loss of sight in his left eye. These injuries are those for which damages are sought in this action, and the consideration of which will be submitted to you in this charge.'

This interpretation of the release was affirmed by the court of appeals, and presents the only question in the case.

Plaintiff in error contends that the release was intended 'to be a final...