Walker v. Harbison

Opinion by

Mr. Justice Kephart,

Appellant sued to recover damages for injuries sustained as the result of drinking from a bottle of milk said to contain broken glass. In addition to denying plaintiff sustained injury by reason of defendant’s alleged negligence, it successfully set up as a bar in the court below a release duly executed by plaintiff which absolved it from all liability. The release is attacked by plaintiff as being ineffective to bar his claim because it was executed when he was mentally incapable of entering into a binding contract. Whether plaintiff’s evidence to set aside the…