Texas Midland Railroad v. Sullivan

STEPHENS, Associate Justice.

In bar of this action to recover damages for personal injuries appellant exhibited a written release, which appellee sought to avoid on the ground that appellant had obtained it fraudulently and without consideration. The release was executed Februarjr 15, 1897. The following testimony was admitted, over the objection that it was hearsay, in proof of the fraud alleged:

“J. D. Hunt for plaintiff testified as follows: I know Mr. Peace; he was chief train dispatcher in January and February of last year. I understood he had control of the man to a certain extent.

“Q. Did…