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CARY v. GREAT NORTHERN RAILWAY COMPANY

No. 26300.

467 F.2d 1287 (1972)

William D. CARY, Plaintiff-Appellant, v. GREAT NORTHERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 19, 1972.

Attorney(s) appearing for the Case

William G. Sternhagen (argued), Gene A. Picotte, of Loble, Picotte & Loble, Helena, Mont., for plaintiff-appellant.

Myron E. Pitch (argued), Ward A. Shanahan (argued), Edwin S. Booth, of Gough, Booth, Shanahan & Johnson, Helena, Mont., for defendant-appellee.

Before HAMLEY and GOODWIN, Circuit Judges, and WALLACE, District Judge.

ALFRED T. GOODWIN, Circuit Judge:

William Cary appeals from a judgment in favor of the defendant railroad following a jury trial on the validity of a release.

Cary, a railway clerk, complained of a back injury in 1965. After two years of on-and-off negotiation with the railroad's claims agent, Cary settled his claim for $29,500. Thereafter, he commenced this Federal Employers' Liability Act action for damages.

The railroad defended on the basis of...

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