Hitchay v. Phillips

Per Curiam,

While walking alongside of a public road, plaintiff was struck by an automobile driven by defendant, and sued to recover for injuries received in the accident. At the trial, defendant offered in evidence a release discharging him from all liability and acknowledging receipt of $250 in payment of injuries sustained.; the release was received over objections. Plaintiff claimed misstatements and misrepresentations by defendant’s representative had induced him to sign the paper. A verdict was directed for defendant.

Subsequently a motion for new trial was denied by a majority of the…