Frazier v. Missouri Pacific Railway Co.

Citations

• 97 Kan. 285
• 154 P. 1022
• 1916 Kan. LEXIS 283

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Personal Injuries — Damages — Compromise and Settlement. The plaintiff was injured by the defendant’s negligence. While yet under the influence of ansesthetics, he settled his claim for damages. Afterward he wrote a letter to the defendant’s superintendent ratifying the settlement and asking for a position on the road. The evidence showed that this letter was written at the suggestion and in the presence of a special agent of the defendant and was delivered to him; that he gave the letter to the superintendent, who referred it to the claim agent that made the settlement, and endeavored to find a position for the plaintiff, but when this action was commenced had not succeeded. This evidence was not sufficient to warrant the court in submitting to the jury the question of fraud in procuring the letter to be written.</p> <p>2. Same. A letter containing this language, “I would like some kind of position with your company, as I settled fairly with the Company and-without any trouble,” voluntarily written after recovery from injuries sustained and with full knowledge of all circumstances, is a ratification of the settlement therein mentioned.</p>