[Download] "Thomas A. Favorite v. Minneapolis Street" by Supreme Court of Minnesota # eBook PDF Kindle ePub Free
eBook details
- Title: Thomas A. Favorite v. Minneapolis Street
- Author : Supreme Court of Minnesota
- Release Date : January 11, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Appeal from an order (dated October 1, 1956) granting defendants' motion for a permanent injunction restraining plaintiff
from initiating any further proceedings in the case, and denying plaintiff's motion for an order vacating a former order of
June 11, 1948, which former order had in turn denied a motion to vacate and set aside an order of November 28, 1942, approving
a settlement of an infant's claim for damages for personal injuries. This case, involving an attempt to renew a 1948 motion to set aside a 1942 settlement of a minor's injuries, arises out of
the following facts: Plaintiff was injured when struck by a streetcar of the defendant company in 1942, when he (plaintiff)
was two and one-half years of age. An action for damages was commenced in 1942, but upon the petition of the father and natural
guardian, with the medical statement of the doctor attached thereto, the trial court on November 28, 1942, ordered that the
settlement reached between the parties be approved and allowed and ordered that the defendants " shall be finally absolved
and acquitted from any further claims and demands by any person whomsoever, on account of the said accident and injuries to
the said minor." (Italics supplied.) The parties stipulated that the action, having been compromised and settled, " shall
be, and is hereby dismissed with prejudice " (italics supplied) and that, upon the filing of the stipulation by either party,
the clerk of the court, or the court, is authorized and directed to discharge said cause of record.
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