Conklin v. Missouri Pacific Railroad

This is an appeal by defendant from a judgment against it for $12,500, the amount assessed by a jury as the damages sustained by plaintiff as the result' of personal injuries. Defendant pleaded a full release in bar of the action. Plaintiff in his reply alleged that the release was obtained through the false and fraudulent representations of defendant’s claim agent. Whether the evidence with respect to the matters set up in avoidance of the release was sufficient to make a submissible ease for the jury is the decisive question in the case.

Plaintiff was in the employ of defendant as a…