Wieland v. Cedar Rapids & Iowa City Railway Co.

The only issue involved here is alleged mutual mistake of -fact in the making of a settlement about two months *584after the personal injury occurred. The good faith of the settlement is not assailed in pleading, proof or argument. Defendant pleaded it and by appropriate pleading and motions questioned the sufficiency of the evidence of mutual mistake to justify submission of that issue to the jury. There was a verdict for $648 upon which judgment was entered with permission to defendant to have the amount paid in settlement applied in partial payment. Defendant appeals.

The injury occurred…