LOUISVILLE AND NASHVILLE RAIL ROAD COMPANY v. SPURGEON

6 Div. 577.

129 So.2d 682 (1961)

LOUISVILLE AND NASHVILLE RAIL ROAD COMPANY et al. v. James M. SPURGEON, Jr.

Supreme Court of Alabama.

Rehearing Denied May 18, 1961.


Attorney(s) appearing for the Case

Lange, Simpson, Robinson & Somerville and Wm. L. Clark, Birmingham, for appellants.

Hare, Wynn & Newell, Birmingham, for appellee.


MERRILL, Justice.

Appeal from a judgment awarding appellee damages for personal injuries sustained by him when struck by a train on July 20, 1955, at which time, he lost a leg and was otherwise injured. The judgment was for $12,500. A motion for a new trial was overruled.

This appeal is concerned only with assignments of error on rulings with reference to special plea four that the plaintiff executed a release of this claim for $500. The replications to the...

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