Black v. Wichita Union Terminal Railway Co.

*333The opinion of the court was delivered by

Dawson, J.:

The plaintiff, an employee of the defendant, was injured by falling down a' baggage elevator shaft in the defendant’s union railway depot at Wichita, and brought this action for damages. Defendant’s answer, among other .matters, pleaded a settlement and release, and the payment of $342.50 to plaintiff in full satisfaction thereof. Plaintiff’s reply alleged that defendant’s physician,, who had the sole care and treatment of plaintiff for his injuries, prior to and about the time of the settlement said to plaintiff:

“You are now able to go to…