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[Download] "Kirchgestner v. Denver & Rio Grande" by Supreme Court Of Utah * Book PDF Kindle ePub Free

Kirchgestner v. Denver & Rio Grande

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eBook details

  • Title: Kirchgestner v. Denver & Rio Grande
  • Author : Supreme Court Of Utah
  • Release Date : January 17, 1950
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

WOLFE, Justice. This action was brought under the Federal Employers Liability Act, 45 U.S.C.A. § 51 et seq. and the Safety Appliance Act, 45 U.S.C.A. § 11 et seq. by the respondent, plaintiff below, to recover damages for permanent and disabling injuries allegedly sustained by him while in the performance of his duties as a brakeman for the appellant railroad company, defendant below. Ten days after the alleged mishap, the plaintiff in consideration of $135 executed a general release discharging the defendant from all liability arising out of the accident. The defendant relied upon this release as a bar to the plaintiffs action but the jury found that the release had been entered into under a mutual mistake of fact as to the plaintiffs physical condition and awarded him damages in the amount of $4300.


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