Dibble v. Seattle Electric Co.
Washington Supreme Court
Appeal from a judgment of the superior court for King-county, Bell, J., entered May 11, 1903, dismissing an action for personal injuries to a passenger upon a street car, upon withdrawing the case from the jury at the close of the testimony.
1Opinion of the CourtMount, J.
This was an action for damages on account of personal injuries. The complaint is in the usual form, claiming damages on account of negligence of the defendant. The answer, after denying the allegations of negligence and damages, sets up (1) contributory negligence on the part of the plaintiff and (2) a 'settlement between the parties and a release hy plaintiff of all claims for damages arising out of the injuries. A reply denied the alle*597gations of the first affirmative defense, and alleged that the release pleaded by defendant was procured through fraud and deceit. Upon the trial, at the…
2Cases cited3 opinions
- Johnson v. City of SpokaneWashington Supreme Court · 1902
- Pierce v. FawcettWashington Supreme Court · 1903
- Schlotfeldt v. BullWashington Supreme Court · 1900