Weathers v. Kansas City Bridge Co.

Citations

• 99 Kan. 632
• 162 P. 957

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Workmen’s Compensation _ Act — Injuries — Settlement — Mutual Mistake — Setting Aside Release. Under the workmen’s compensation law, an agreement fixing compensation, and a release given op receipt of the amount fixed by the agreement, may be set aside, where the compensation fixed is grossly inadequate and where the parties make the agreement under a mutual .mistake as to the nature and extent of the plaintiff’s injuries.</p> <p>2. Same — Injuries—Setting Aside Written Release — Mutual Mistake— Instructions. Under the workmen’s compensation' law, where an agreement fixing compensation has been ipade and a release from further liability has been given, it is error to instruct the jury that théy may find for the plaintiff if the consideration for‘the release is grossly inadequate, without, in any way, modifying this condition of recovery; and it is error to instruct the jury that they may find for the plaintiff if he signed the release under a mistaken belief as to the extent of his injuries, and not refer, in any way, to a mistake of the defendant concerning those injuries.</p> <p>S. Trial — Instructions. Rule followed that instructions must be considered and' construed as a whole.</p>