Crowley v. City Railroad

Citations

• 60 Cal. 628
• 1882 Cal. LEXIS 523

Syllabus

<p>Pleading—Denial of Execution of Written Instrument—Release— Issues—Evidence—Practice.—In an action for damages for the death of the plaintiff’s minor son—alleged to have been hilled by the negligence of defendant—the defendant pleaded in bar a release in writing by the plaintiff of all demand for the damages sued for, and in his answer inserted a copy of the release. The execution of the release was not denied by the plaintiff, in the mode required by Section 448, O. O. P., but the evidence was offered by the plaintiff, and admitted without objection, tending to show that at the time he signed the release he was incompetent to contract. The verdict was for the plaintiff.</p> <p>Held: Under such circumstances, the defendant can not he allowed to raise the point in this Court, that the verdict of the jury is against an admission made by the pleadings.</p> <p>Action by Father for Death of Son—Negligence—Release—Competency to Contract—Sufficiency of Evidence—Instructions.—The evidence held sufficient to justify the verdict, and the instructions of the Court below with regard to negligence and the mental competency of the plaintiff to execute the release, approved.</p>