Kansas City, Memphis & Birmingham Railroad v. Chiles

Citations

• 86 Miss. 361

Syllabus

<p>1. PERSONAL Injuries. Release of claim. Validity. Evidence.</p> <p>Good faith on the part of a wrongdoer hy whose negligence personal injuries are caused and a full understanding on the part of the person injured as to his legal rights are indispensable to the validity of a release of claim for the injuries; and evidence as to all the surrounding conditions and the relative attitudes of the contracting parties is admissible upon an issue as to the validity of such a release.</p> <p>2. Same. Concrete case. Questions for jury.</p> <p>Evidence examined and adjudged sufficient to present the following question for the determination of a jury: Whether plaintiff was guilty of contributory negligence; whether the release of plaintiff’s claim was obtained by defendant in good faith, with a full understanding on plaintiff’s part of his legal rights; and whether the rate of speed in excess of that allowed by law was the proximate cause of plaintiff’s injuries.</p>