Waters v. Collins

Plaintiff has recovered in a negligence action. As a defense to the action, defendant pleaded a release. By reply, served pursuant to order, plaintiff alleged that the release was procured by fraud. The issue thus tendered was tried with that as to negligence and the jury rendered separate verdicts upon the two issues. We affirm the facts but find legal error which requires reversal.

Plaintiff was injured when a door at the top of an outside stairway from the basement of defendant’s house closed and *360struck plaintiff as she was descending the steps. The parties were friends of some years’…