133 Ga. 763 | Ga. | 1910
The writ of error is to the overruling of demurrers to the plaintiff’s petition. The petition contained two counts. The first count alleged, that the plaintiff, on May 23, 1903, while in the employment of the Louisville & Nashville Eailroad Company and the Atlantic Coast Line Eailroad Company, lessees of the Georgia Eailroad and Banking Company, was injured to the extent of losing both of his legs, under such circumstances as to make all of the above-named railroad companies, as well as the Atlanta & West Point Eailroad Company, liable to him; and that all of these companies (who are the defendants in the suit) recognized their liability to him. On August 20, 1903, the defendants paid to the plaintiff on account of his injuries $4,600. He thereupon signed the following paper: “Beceived of the Georgia Eailroad Eorty-Six Hundred Dollars ($4600.00), in addition to the sum of SeventyEive Dollars ($75.00) already received by me, and for which I have given receipt in full settlement for all claims for damages of every kind against the Georgia Eailroad and Banking Company, The Georgia Eailroad (the Louisville & Nashville Eailroad Company, and the Atlantic Coast Line Eailroad Company, Lessees), and the Atlanta & West Point Eailroad Company, on account of personal injuries received by me at Atlanta, Ga., May 23rd, 1903, sub
[Signed] B. J. Cox.”
It was alleged, that within three or four months after his injuries the plaintiff entirely recovered, and was able to do for the defendants man]*- kinds of work, particularly described in the petition, which work was worth from $60 to $70 per month; that there were many vacancies in various clerical positions of the Georgia Railroad in the city of Atlanta, which were specifically stated; but that the defendants failed and refused to give him any work. The plaintiff has been ready from the time of his recovery up to the present time, and continues to be ready, to take employment from the defendants and has often asked for employment, which has always been refused. Judgment is prayed for damages already incurred, and that it be so molded as to require the defendants to give him employment according to the stipulations in the writing signed by the plaintiff at the time of the settlement.
The second count varied from the first count only in that it alleged that “Petitioner shows that the agreement between him and the defendant was that they were to furnish him permanent work, as soon as he recovers his general health, and the wounds incident to the loss of his legs had healed. By mistake of the scrivener, contract does not clearly make this appear. The scrivener was furnished by the defendants; petitioner, not being learned in the law, relied upon the defendant and their scrivener to draw a contract carrying out the agreement made; without fault on his part this was not done,” and prayed that the writing evidencing the settlement of the plaintiff with the defendants be reformed in accordance with the agreement, that the plaintiff have judgment for
Judgment reversed.