Tucker v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Hopkins, J.:

The action was one for damages for personal injuries. The plaintiff, while employed by defendant as a laborer in its yards at Wichita, was injured December 29, 1922. On January 16, 1923, he executed a release for $75. On April 30 following,, he executed a further release on payment of $275. He afterwards brought this action to set aside the release on the ground of mutual mistake and for damages, recovered a verdict of $2,500, and entered a remittitur of $350 — the amount already received.

The defendant appeals, contending chiefly that…