Pederson v. Seattle Consolidated Street Railway Co.

Citations

• 6 Wash. 202
• 33 P. 351
• 1893 Wash. LEXIS 263

Syllabus

<p>EVIDENCE — RELEASE — BURDEN OF PROOF — NEW TRIAL.</p> <p>An allegation by a plaintiff that his signature to a written release exempting defendant from liability for injuries received through the latter’s negligence was secured from him by fraud is not sufficiently supported by proof on plaintiff’s part that he was misinformed as to the contents, and did not understand the nature of the paper he signed, while three witnesses, who were present at the time, testify that the release was read over and explained to plaintiff twice before he signed it, and that he then said he understood it; especially in view of the fact that the burden of proof is upon plaintiff, and the other testimony in the cause tends to corroborate defendant’s side of the issue.</p> <p>A new trial may be awarded, although the verdict be supported by some evidence, where it appears that the evidence is insufficient to justify the verdict.</p>