Jones v. Alabama & Vicksburg Railway Co.

Citations

• 72 Miss. 22

Syllabus

<p>1. Release. Personal injury. Fraud.</p> <p>Where plaintiff, an aged and ignorant negro, in less than twelve hours after amputation of his foot, which liad been crushed by a train, is visited at his home by officials of the railroad company, and, while stupid from opiates and ig-norant of what is'transpiring, waking only when roused, and then suffering mentally and bodily from the shock, and, in the absence of any friend competent to advise him, is induced to sign a release of all damag-es, in consideration of $300, the release is fraudulent and void.</p> <p>2. Same. Ratijication. Fvidenoe. Question for jury.</p> <p>In such case there being evidence that plaintiff knew nothing of the settlement for about two weeks, and, when told of it, at once said that, if he had been in his right mind, he would not have made it; that he then, as soon as possible, consulted trusted white friends, who, with his wife, shortly afterwards secured legal counsel; that he remained in bed about two months, and spent all the money paid him; but, several months afterward, through his attorneys, tendered the amount back to the company, it is for the jury to say whether he had ratified'the release.</p> <p>3. Same. Subsequent suit. Tender unnecessary.</p> <p>Where a release of damages for personal injuries is fraudulent and void, no tender of the sum paid therefor before suit is necessary, but the jury, in assessing damag-es, should make allowance for the sum paid.</p> <p>4. Railboads. Flying switches. Code 1892, l 3548, constitutional.</p> <p>Section 3548, code 1892, prohibiting running, flying, walking- or kick- . ing switches within the limits of a municipality, and making- a railroad company liable for damages sustained thereby, without regard to contributory negligence of the person injured, is not unconstitutional as denying to the company the free use of its tracks, but is a legitimate exercise of police power.</p>