Broad v. Kelly's Olympian Co.

The appeal presents two assignments of error which are based upon the following contentions: (a) The record contains no evidence that plaintiff’s signature to the release, which he admitted signing, was obtained through fraud; and (b) the record indicates that the plaintiff assumed the risk of the condition which resulted in Ms alleged injury. We shall now consider the first contention.

The defendant operates an establishment in Portland where the plaintiff, a former boxer, 62 years of age, who referred to himself as “Kid Broad”, was employed as night janitor. May 23,1933, while he was…