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

No. 13952.

178 F.2d 497 (1949)

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

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 20, 1950.


Attorney(s) appearing for the Case

Warren Newcome, Chicago, Ill. (Alfred E. Rietz, George H. Henke, St. Paul, Minn. and Lowell Hastings Chicago, Ill., were with him on the brief) for appellant.

Irving H. Green, Minneapolis, Minn., for appellee.

Before WOODROUGH, THOMAS, and RIDDICK, Circuit Judges.


RIDDICK, Circuit Judge.

The appellee Curl brought this action against the appellant railway company to recover damages for injuries received by him while employed by appellant as a railroad fireman. The action is based on the Federal Employers' Liability Act, as amended, 45 U.S.C.A. §§ 51-60.

The appellant admitted liability, but in defense relied upon a release executed by the appellee, which on its face, for a consideration of $700, released the...

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