Crawn v. Fowler Packing Co.

Citations

• 111 Kan. 573
• 207 P. 793
• 1922 Kan. LEXIS 297

Syllabus

<p>SYLLABUS BY THE COVET.</p> <p>1. Compensation Act — Release Given — Mutual Mistake oj Fact. Where a settlement fixing compensation of an injured workman was made and a release given to the employer under a mutual mistake of the parties as to the nature and extent of the injuries of the workman, and the compensation agreed upon is grossly inadequate, the agreement and release may be treated as nullities.</p> <p>2. Same — Evidence Establishes Mutual Mistake. The evidence examined, and it is held that it is sufficient to establish a mutual mistake of the parties in respect to the injuries of the plaintiff.</p> <p>3. Same — Arbitration by Consent- — Authority oj Arbitrator. Where an arbitrator is appointed by consent, and upon the request of the defendant, the issue of mutual mistake in the settlement and release is expressly referred to the arbitrator, and evidence upon the question is presented by the parties, he is vested with authority to determine the issue and, upon sufficient evidence, to decide that the release is a nullity, and to award adequate compensation as if the invalid release had not been executed.</p>