Miles v. New York Central Railroad

Headnote

Negligence ■ — ■ railroads — sufficiency of release.

Miles v. N. Y. Central R. R. Co., 206 App. Div. 641 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 26, 1923, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. On December 13, 1915, plaintiff’s intestate was a passenger upon one of defendant’s trains, engaged in the performance of his duties as a mail carrier, and

there was a collision by reason of which he was thrown to the floor. He proceeded as far as Albany, N. Y., where he turned and returned to his home at Canastota, N. Y., arriving the same day. Subsequently, he was attended and examined by his family physician who found him suffering from a general shaking up, together with a bruise of the back and some abrasions of the skin. After this he was visited by defendant’s claim agent, with the result that he was paid $250 and executed and delivered, in return, a full release “ of all claims, demands and causes of action ” against defendant.