Ritter v. . Manufacturing Co.

This is an action for actionable negligence brought by plaintiff against defendant alleging damage. The defendant denied negligence, set up the plea of contributory negligence and a release. Plaintiff contended the release was procured by fraud.

The issues submitted to the jury and their answers thereto, were as follows:

"1. Was said paper-writing, purporting to be a release, dated 25 September, 1926, procured by misrepresentation and fraud, as alleged in the complaint? Answer: Yes.

2. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes.

3. Did…