Laird v. Union Traction Co.

Citations

• 208 Pa. 574
• 57 A. 987
• 1904 Pa. LEXIS 804

Syllabus

<p>Negligence — Release—Evidence•—Province of court and jury.</p> <p>In an action against a street railway company to recover damages for personal injuries, where the defendant sets up a written release which the plaintiff alleges was executed by him when he was prostrated and unconscious from his injury, the court is justified in giving binding instructions for defendant, where four disinterested witnesses, including a physician, testify that the plaintiff was conscious at the time that the paper was read to him, that he comprehended its contents, accepted the money consideration and signed it, and it also appears that the plaintiff used the money weeks after with full knowledge of where it came from, and made no offer to return it before bringing suit.</p>