The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-12-16
MET THE AOJUSTER
Santa Fe Brakeman Loses Suit
for Additional Damages.
ACCEPTED ONE PAYMEN T
Appellate Court Decisions
Rendered at Garden City,

against the Atchison, Topeka and Santa
Fe Railroad company. This decision, to-
gether with a few others, were handed
down at the sitting at Garden City this |
week
In the reversal of this case the points |
are plainly brought out, showing that a |
man who has a claim against railroad |
should steer clear of the adjustor, for /
after having accepted settlement, his |
claim for further remuneration are void. t
Judge Schoonover's decision is as fol- |
lows:
John ]. Higgins, defendant in error, |
brought this action against the Atchison, |
Topeka and Santa Fe Railroad company !
to recover damages for injuries alleged
to have been sustained by him while in |
it's service as brakeman. Afterwards. A. |
F. Walker, J. J. McCook and ]. c. Will !
son, receivers of the railroad, were, by !
order Of the court, made parties defen- |
dant 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 sus- |
tanned, to-wit. on the 14th day of Octo- |
ber 1892 the said plaintiff received and
accepted from said defendant, the Atchi- |
son. Topeka and Santa Fe Railroad COM |
pany, the sum of one hundred and TWEEN |
ty-five dollars in full release discharge
and satisfaction of all claims, damages
or causes of action arising from said al
legged injuries, and in consideration of
said money entered into a written con-
tract 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
! and 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 con-
| tract or tort
Plaintiff replied to this answer alleg-
ing that on the 18th day of October, 1892,
he was confined to his bed at the Ottawa
hospital for railroad employees of the
| Atchison, Topeka and 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 incaDacitated from under
standing or comprehending or transact
ing business of any kind: that If plain
tiff's signature was obtained to the pre-
tended contract as set forth in defen-
dant's answer, purporting to be made on
the 18th day of October, 1892 the same
was not assented to by this plaintiff; that
this plaintiff did not make any contract
or settlement for his injuries with said
company at any time that if plaintiffs
signature was obtained to the pretended
instrument as set forth in the defen-
dant's answer, last aforesaid, the same
was procured by the defendant fraudu-
lentIy and with the intent to cheat,
wrogn and defraud this plaintiff as afore-
said, and was obtained without the
knowledge and consent or acduiescence
of this plaintiff Other matters of de-
Tense were set out in the answers of de-
PENDANTS and replied to by plaintiff, but
we think that the case turns upon the
validity of the release executed by plain
tiff October IA, 1892. and it will therefore
not be necessary to give such matters
notice.
1.-THE jury, in answer to special ques-
tons. found that at the time Higgins
signed the release at the Ottawa hos
pital he was not suffering from mar
cotics opiates or any drugs that would
affect his consciousness or mind and that
the claim agent of the railroad company
read the release to Higgins before Civ
ing it to him to sign. Counsel for de-
PENDANT in error contend that there was
J evidence tending to prove that at the
| 81 al q he
mentally incapacitated from making
: valid contract. A careful examination Of
the record convinces us that this conten-
ton is not we'll grounded. On September
t 81. 1892 while Higgins was at the Ottawa
hospital. he wrote letter to c. NJ.
| Folks. claim agent of the railroad COM
panv in which he stated that because Of
| the injuries received while in the COM
t panv's service he was confined to his bed
AT the hospital. wholly unable to work.
! with but little prospect for Improvement
: and that his mother was widow and
I wholly dependent upon him for support.
: The letter closed with a plea to the COM
7 panv for assistance. 1t was in response
, to this letter that a representative Of the
, claim department called upon Higgins
who. uDon payment by the company Of
s125 signed the release plead by defen-
dants in their answer. II cannot be said
that there is any evidence 10 show men
tai iucapacity at the time Higgins signed
, the release"
other decisions are as follows:
J. H Ewing and F. B. Ewing vs.. R II.
Cooper. error from Butler county; affirm
ed
John Deere Plow company rs. John
German. error from Kingman county:
affirmed.
The Alliance Trust company V Homer
I Wilson. error from Harper county;
reversed
; NJ l. Mason et al vs. F. F. S7rague,
= error from Lyon county: affirmed
= Jesse W Stansburv vs.. the Continental
o Trust company; leave for plaintiff 10 sign
= petition granted
e 5 r Johnson e al v. Abe Long: mo-
ton to dismiss overruled
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