Parrott v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 111 Kan. 375
• 207 P. 777
• 1922 Kan. LEXIS 252

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Common Carrier — Injury to Passenger — Settlement and Release — Mutual Mistake as to Nature oj Injuries — Question oj Fact. The testimony relating to a release of a claim for damages by an injured railway passenger examined and held, that it sufficiently tends to show mutual mistake of the parties as to the nature of the injuries of the passenger and also that the release was 'procured by misrepresentations, to take the case to the jury.</p> <p>2. Same^-Ao Ratification oj Settlement. A certain letter written by plaintiff to the claim agent of the defendant is held not to be a ratification of the settlement.</p>