· 10/15/1878
Fulkerson v. Thornton
Citations
- 68 Mo. 468
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the assertion that the release bars the plaintiff’s suit . . . is an affirmative defense”
- noting that physicians- are not jointly liable with original tortfeasors because physicians’ liability “arises solely from their alleged negligent conduct which aggravated the plaintiffs existing injury”
- release of original tortfeasor and “any and all other persons, firms, and corporations” does not, as matter of law, release maltreating physician, who is not a joint tort-feasor but rather a “successive or independent” wrongdoer
- discussing distinction between covenant not to sue and release
Source: CourtListener parenthetical corpus (CC0).
Judges: Sherwood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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