Clayton v. Consolidated Traction Co.

Citations

• 204 Pa. 536
• 54 A. 332
• 1903 Pa. LEXIS 846

Syllabus

<p>Negligence—Release—Evidence— Question for jury.</p> <p>In an action by a woman against a street railway company to recover damages for personal injuries, the defendant set up a written release as a bar. Plaintiff testified that after the accident a person came to her house representing that he was a friend of the conductor, whose negligence caused the accident and that he had come to see her in regard to reinstating him; that this same person came a second time and asked her if $5.00 would cover her expenses incurred up to that time by reason of the accident; that she said that she thought it would; that he then produced a paper which he did not read to her, and which he folded so that she could not see the writing, and which he represented as a receipt for $5.00; that she signed this paper; that the person presenting it was in fact an agent of the company, and that the paper itself was a release in full. The plaintiff’s testimony was to a large extent corroborated by the testimony of another woman who was present at the second interview. The testimony of both women was contradicted by that of the company’s agent who testified that he read the release to the plaintiff and her friend. Held, that the evidence of fraud in procuring the release was sufficient to take the case to the jury, and that a verdict and judgment for plaintiff should be sustained.</p>