MERWIN v. NEW YORK, N. H. & H. R. CO.

No. 107.

62 F.2d 803 (1933)

MERWIN v. NEW YORK, N. H. & H. R. CO.

Circuit Court of Appeals, Second Circuit.

January 16, 1933.


Attorney(s) appearing for the Case

John M. Gibbons, of New York City (E. R. Brumley and E. J. Moore, both of New York City, of counsel), for appellant.

Thomas J. O'Neill, of New York City (Charles D. Lewis, of White Plains, N. Y., of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


MANTON, Circuit Judge.

Appellee, a fireman employed by appellant, was injured while engaged in interstate commerce on May 30, 1929, at Woodrow, Conn., when his engine was derailed. On June 27, 1929, he signed a general release of all liability by reason thereof, and received $360 in cash. There was written thereon in appellee's handwriting: "I have read this release and fully understand it." This was pleaded as a defense in his action for personal injuries. A reply...

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