Dalton

Action for damages for personal injuries.

As a result of defendant’s negligence plaintiffs were injured in an electric car collision while riding as passengers on defendant’s railway. They brought separate suits for damages. In each case defendant filed its answer admitting the negligence charged, but denying that plaintiffs sustained any injuries; and as a further defense pleaded a settlement and release in writing with each plaintiff whereby defendant paid to each of them, and they each accepted, $25 in full payment and satisfaction of all claims and demands of every kind and nature, and especially from all claims and demands resulting from the accident in question, copies of which receipts and claimed releases were set out in eacti. answer.

By affidavit filed under section 448 of the Code of Civil Procedure, plaintiffs averred that said alleged releases and receipts were not genuine and denied the execution of the same.

The court rendered judgment in favor of Martin Dalton for $250, and for J. W. Dalton in the sum of $100. Defendant moved for new trials; these motions were denied; from which orders and judgments defendant prosecutes these appeals.

The questions involved are…