Rogers v. Atchison, Topeka & Santa Fe Railway Co.

Action to recover damages for personal injuries suffered by the plaintiff, caused by negligence of the defendants. The plaintiff, at the time when the injuries were received by him, was employed as a switchman on the railroad of the defendant corporation. Defendant Shortridge was foreman of a switching crew and engine of the defendant corporation. The defendants appeal from the judgment and from an order denying their motion for a new trial. We observe, however, that the verdict as shown in the transcript was against the Railway Company only, and we assume that , the judgment (which is not shown in the transcript, but entry of which is recited in the notice of appeal) also is against the Railway Company alone.

In addition to other grounds of defense which we find it unnecessary to consider, the defendants pleaded that for a good and valuable consideration paid to the plaintiff by the defendant corporation, the plaintiff executed to said corporation an agreement in writing releasing it from all liability arising from the personal injuries claimed to have been sustained by him on the occasion referred to in the complaint. The accident occurred on the sixth day of February, 1913. On…