Bruns v. Union Traction Co.

Citations

• 185 Pa. 533
• 39 A. 1114
• 1898 Pa. LEXIS 748

Syllabus

<p>Negligence — Death—Release of damages — Evidence.</p> <p>In an action to recover damages for death of plaintiff’s husband, the action of the trial court in directing a verdict for the defendant will not be reversed where the evidence shows that the husband’s head and eye were slightly injured while riding in defendant’s car; that he walked home after the accident, merely complaining of being tired; that ho felt worse the next day, had fever with pain in the head the third day and also on the fourth, with restlessness, swollen throat and wandering of the mind, and died on the sixth day; and where it appears that the deceased and his wife executed a release of damages, and there was nothing to show mental incapacity at the time of tlic release, except an offer to prove 1ns condition on the day before he signed the release, which offer was excluded by the court.</p>