Reparation – Railway Accident – Nervous Shock – Document Discharging All Claims – Consideration Inadequate.
A person was injured in a railway accident. Nine days after he accepted pounds 27 from the railway company, and granted a discharge ‘in full of all claims competent to him in respect of injury and loss sustained.’ Eighteen months afterwards he brought an action for damages against the railway company, who pleaded that the action was barred by the discharge. After a proof, the Lord Ordinary awarded the pursuer pounds 500 as damages. This award was affirmed by the Second Division, on the ground that it was a reasonable sum.
Held that the document was in terms a final discharge, and that there was no evidence to support the contention of the pursuer that he did not understand the document as a final discharge, or that he had told the representative of the railway company that if he did not recover he would still hold them liable.
Judges:
Earl of Selborne and Lords Watson, Bramwell, Macnaghten, and Morris
Citations:
[1891] UKHL 921
Links:
Jurisdiction:
England and Wales
Damages, Contract
Updated: 29 June 2022; Ref: scu.636783