Garver v. Great Northern Railway Co.

Citations

• 56 Wash. 519
• 106 P. 192
• 1910 Wash. LEXIS 837

Syllabus

<p>Release and Discharge — Fraud in Securing — Evidence—Sufficiency. In an action for personal injuries for which plaintiff had signed a written release in consideration of $500 paid him upon a settlement nine days after the accident, there is no evidence of fraud warranting the setting aside of the settlement or the submission of the case to the jury, where it appears from the plaintiff’s own testimony that his mind was clear and he was able to transact business, that no fraud was practiced upon him, that he ashed no advice from physicians or friends although he had opportunity to do so, that he had an opportunity to read the papers, headed, “release of damages” but failed to do so, that a first offer of $1.75 was raised to $500 and accepted, and that he retained that sum, and that he dealt at arm’s length with the defendant.</p>