United States Supreme Court Cases & Opinions

U.S. Supreme Court

Duncan v. Thompson, 315 U.S. 1 (1942)

Duncan v. Thompson

No. 78

Argued December 16, 1941

Decided January 12, 1942

315 U.S. 1

Syllabus

1. An agreement between an injured railway employee and the railway employer, made after the injury, whereby, in consideration of a payment "for living and other expenses pending further developments as to the extent and effect of said injuries and negotiations for settlement of [his] claim," the employee agrees that he will endeavor, in good faith, to adjust and settle any claim he may have for his injuries without resorting to litigation, but that, if his claim is not so adjusted, and he elects to bring suit, he will first return the sum paid, and such return shall be a prerequisite to the filing and maintenance of any such suit, is void under § 5 of the Federal: Employers Liability Act. P. 315 U. S. 6.

2. Such an agreement is not a compromise or conditional compromise. P. 315 U. S. 7.

146 S.W.2d 112 reversed.

Certiorari, 314 U.S. 589, to review a judgment of the Springfield Court of Appeals which reversed a recovery for personal injuries secured by the present petitioner in a court of first instance in Missouri. An application to the supreme court of the State for a writ of certiorari was declined.

Page 316 U. S. 2