Ladd v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 97 Kan. 543
• 155 P. 943
• 1916 Kan. LEXIS 342

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Personal Injuries — Release of Claim for Damages. A release of a claim against a railway company for damages for personal ■ injury, for a nominal consideration, procured by false representations as to the conditions and effect of the release, signed under the mistaken belief that the injuries were neither serious nor permanent, that belief having been brought about by the statements of the railway company’s doctor, is not binding on the person signing the release, where the injuries finally prove to be serious and permanent.</p> <p>2. Same — Evidence—Statement of Railroad Physician. In an action for personal injury, it is not reversible error to receive in evidence the statement of the defendant’s doctor, to whom the plaintiff had been directed at the time of the injury by the defendant’s agents in the performance of their duty, without first showing that in examining the plaintiff the doctor was acting for the defendant.</p> <p>3. Same — Personal Injuries — Reduction of Earning Capacity. A person whose capacity to labor has been permanently diminished by physical injury wrongfully inflicted on him by another can recover damages therefor without proof as to his earning capacity before or after the injury.</p> <p>4. Trial — Special Questions Refused. It was not reversible error to refuse to submit to the jury certain special questions.</p> <p>5. Same — Answers to Special Questions. Contentions that answers to certain questions had no evidence to support them, that answers to others should have been made definite, and that the answers to questions were evasive, have been examined. The matters complained of are not sufficient to warrant a reversal of the judgment.</p>