Mannion v. Hudson & Manhattan Railroad

The opinion of the court was delivered by

Perskie, J.

This is an action in tort. Defendant appeals from a judgment, based on a jury verdict, of $600 and costs in favor of plaintiff.

Although plaintiff had, admittedly, executed a general release of all her claims against defendant, she claimed, in her amended reply, that the release was procured by fraud, imposition and deceit, on the part of defendant’s agents, servants and employes.

The single question argued here and requiring decision is whether upon the facts adduced and the proper inferences deducible therefrom, the trial judge erred, as…