Scully v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Rose A. Scully, from a judgment of the County Court of Kings county in favor of the defendant, entered in the office of the clerk of the county of Kings on the 30th day of January, 1912, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case, and also from an order entered in said clerk’s office on the 29th day of January, 1912, denying the plaintiff’s motion for a new trial made upon the minutes.
1Dissent
Woodward, J. (dissenting):
There is no claim of fraud; no suggestion that the defendant’s claim adjuster did or said anything to mislead the plaintiff. She signed the release for a valuable consideration, and did this in the presence of her husband, and if she did not read it or ask as to its contents it is not the defendant’s fault. She could not accept and retain the consideration for the release and then bring an action to recover for the claim that she had released. She must surrender all benefits before she has any standing in an action at law upon her claim. (Shaw *387v. D., L. & W. R. R.…
2Cases cited1 opinion
- Shaw v. Delaware, Lackwanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1908