Leonard v. Coleman

Citations

• 273 Pa. 62
• 116 A. 550
• 1922 Pa. LEXIS 517

Syllabus

<p>Negligence — Release of damages — 'Affidavit of defense — Evidence — Act of Mag 11, 1915, P. L. 486.</p> <p>1. Under the Act of May 14, 1915, P. L. 483, defendant in an action of trespass is not obliged to file an affidavit of defense.</p> <p>2. If none is filed the only penalty is that certain specified kinds of averments in the statement of claim, shall be taken as admitted.</p> <p>3. As the Act of 1915 expressly provides that “averments relating to damages” need not be answered or denied, and as a release is a release of damages, the defendant is entitled to offer in defense at the trial a release of damages, although he has not filed an affidavit of defense.</p> <p>■4. Where, in a negligence case, defendant sets up a release of damages executed by plaintiff, and the latter seeks to have the jury disregard it, and the essential facts in regard to its execution are indispute,, the burden is on plaintiff to prove the facts upon which she relies, beyond a reasonable doubt, by evidence which is clear, precise and indubitable, and by witnesses who are credible, who distinctly remember the facts to which they testify, and narrate the details exactly.</p> <p>5. Under the evidence in this case plaintiff did not meet the burden cast upon her, and a verdict in her favor was set aside on appeal, and judgment n. o. v. entered for defendant.</p>