Carroll v. Manchester & Lawrence Railroad
Massachusetts Supreme Judicial Court
Tort to recover damages for an injury sustained by the plaintiff from the defendants’ negligence, while a passenger upon their road.
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Tort to recover damages for an injury sustained by the plaintiff from the defendants’ negligence, while a passenger upon their road. Writ dated February 17, 1872. Trial in the Superior Court, before Putnam, J., who allowed the following bill of exceptions : “ The evidence tended to show that the plaintiff received an injury by a collision of trains upon the defendants’ road; that this collision was owing to the negligence of the defendants ; and the the plaintiff was in the exercise of due care. The only defence relied upon was that the plaintiff had received from the defendants the sum of…
1Opinion of the CourtColt, J.
The defence relied on was the plaintiff’s written release, for good consideration, of all claim on account of injury received, which was given near the time of the accident. To this the plaintiff replied that he was not in sound mental condition when the paper was executed. The defendants rejoined that even *4if it was so, the plaintiff had adopted and ratified the settlement. The controversy at the trial was under the issue thus raised. It was a question of the ratification of a voidable contract.
The case finds that the judge told the jury that this contract was one capable of ratification by…
2Cited by3 opinions
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