Marino v. Northern Pacific Railway Co.

Peterson, Justice.

Appeal by defendant from an order denying its alternative motion for judgment notwithstanding the verdict or for a new trial, after a verdict in favor of plaintiff for $4,500 in an action for personal injuries under the federal employers liability act. The questions urged on this appeal are: (1) The sufficiency of the evidence to show that two releases were obtained by defendant’s agents by fraud; (2) whether the charge with respect to the release is justified by the evidence; and (3) the exclusion of a certain letter offered in evidence.

On September 15, 1935, while…