Raynale

Raynale v. Yellow Cab Co.

Good Law
115 Cal. App. 90·1931 Cal. App. LEXIS 660·300 P. 991
Court of Appeal of CaliforniaJune 18, 1931Docket No. 6588.California615 words

Opinion

lead Opinion

Bishop, J.

Admitting that its negligence caused the accident which resulted in injury to plaintiff, the defendant corporation seeks to escape the $3,000 judgment entered against it because of a $25 release which it secured from the plaintiff within an hour and a quarter after the accident. There is the expected conflict in the evidence, but the jury’s acceptance of the plaintiff’s version of the facts establishes them for the purposes of this appeal. Her testimony was that she had no more than returned home after the accident, when defendant’s representatives called; she had just removed her coat and its presence in her hand led to conversation about its ruined condition; the sum of $25 was suggested by her as the extent of the damage and they agreed to give her that sum to repair the coat; they pulled out a release and she signed it, understanding that it covered only the damages discussed; that she was in such agony that she could not and did not read the paper she signed, and was in a daze during and long after the five minutes her visitors were calling.

These facts and the inferences which within reason could be drawn from them warranted the jury’s special verdicts that the release was…

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