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