Goodyear v. Davis

The opinion of the court was delivered by

Harvey, J.:

This, is an action by an administratrix for damages under the Federal Employers’ Liability Act for (a) the wrongful death of Lewis Goodyear, and (6) for the personal injuries sustained by him. The answer, among other things, plead a settlement made with Goodyear after the injury, and a release executed by him of all damages resulting to him therefrom. The reply sought to avoid the release (a) for fraud, (6) because of mental incapacity of Goodyear to execute it/ and (c) for mutual mistake. There was a trial to a jury which made special…