Wilson
Wilson v. San Francisco-Oakland & Terminal Railways
Opinion
Lead Opinion
Knight, J.
This action was brought by plaintiff to recover damages for personal injuries claimed to have been sustained by her through the negligence of the defendant corporation while she was riding as a passenger on the street-car of said defendant corporation. The action was tried by a jury, and the court directed a verdict ■ in favor of the defendant. Judgment was entered accordingly, from which plaintiff appeals.
The defendant corporation was the only defendant answering, and it pleaded a release executed by plaintiff, to the effect that she had accepted from said defendant corporation the sum of two hundred dollars in full settlement of her claim and had discharged said defendant corporation from further liability. After the jury had been impaneled and sworn, counsel for defendant corporation called the court’s attention to the release pleaded in its answer. f Plaintiff admitted the execution, of said release, but claimed that it was procured through the fraud and conspiracy of the agents of the defendant corporation and was, thereifore, not binding upon plaintiff. The court thereupon directed that the evidence bearing on said release be first presented. Defendant corporation then…