Kane v. Chester Traction Co.

Citations

• 186 Pa. 145
• 40 A. 320
• 1898 Pa. LEXIS 970

Syllabus

<p>Negligence — Release—Evidence—Province of court and jury — Fraud.</p> <p>In an action against a street railway company to recover damages for personal injuries, the defendant set up a release executed by the plaintiff. Plaintiff testified that the release had been obtained from her by false representations made by defendant’s agent to the effect that it would be futile for her to sue the company; that the judge was a stockholder; that the juries were corrupt, and that the company would buy all the jurors and witnesses, and could even buy her physicians and lawyers. The defendant’s agent denied that such representations had been made, and the subscribing witness to the release, who was a friend of the plaintiff and acted for her, flatly contradicted her testimony. It was admitted that the judge was not a stockholder, but plaintiff did not claim that she was induced to sign by the misrepresentation of this fact. Plaintiff claimed that her injuries were worse thau she had anticipated when the release was signed. Held, that it was proper to give binding instructions for defendant.</p> <p>Where a person without fraud or misrepresentation exercised upon him executes a release of damages for personal injuries, he cannot subsequently avoid the release by a claim that liis injuries were more serious than he had anticipated at the time the release was executed.</p>