Butler v. Gleason
Massachusetts Supreme Judicial Court
Tort for personal injuries received on July 18, 1905, in a collision of a carriage in which the defendant was driving with one in which the plaintiff was being driven. Writ dated June 1, 1909. . In the Superior Court-the case was tried before White, J. The only defense relied on was that the plaintiff had released and discharged the defendant from all liability.
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Tort for personal injuries received on July 18, 1905, in a collision of a carriage in which the defendant was driving with one in which the plaintiff was being driven. Writ dated June 1, 1909. . In the Superior Court-the case was tried before White, J. The only defense relied on was that the plaintiff had released and discharged the defendant from all liability. The plaintiff contended and introduced evidence, described in the opinion, tending to show that the release was procured from her by fraud. It appeared that, about two years after the giving of the release, she tendered to the…
1Opinion of the CourtBraley, J.
The defendant conceded at the trial, that the plaintiff’s injuries, which upon the evidence the jury could find proved to be serious and of a permanent character, had been caused through Ms negligence wMle driving oyer a country road, by Ms carriage coming into collision with the carriage in wMch she was riding. But if ordinarily notMng would remain except the assessment of damages, the defendant has pleaded in bar a written instrument executed nearly a year after the accident whereby the plaintiff acknowledged the receipt of a certain sum “in full of all *251demands to date and for full payment…
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