Ross v. Blair Limestone Co.

Citations

• 69 Pa. Super. 128
• 1918 Pa. Super. LEXIS 30

Syllabus

<p>Negligence — Release of damages — Fraud in procuring release— Evidence■ — Case for jury.</p> <p>In an action to recover damages for death of plaintiff’s husband where the ease turns upon the validity of a release of damages, the case is for the jury where there is precise, clear and indubitable evidence that the plaintiff was induced to sign the release by representations which were not true, which were material, and which brought about a settlement prejudicial to the plaintiff by express denial, and by suppression of the truth.</p> <p>On the question of fraud in obtaining such a release, the testimony of one witness is sufficient to carry the case to the jury, if that evidence is clear, precise and indubitable.</p>