Ward v. Heath

If tbe release is valid it is an effective bar and plaintiff may not proceed on either cause of action. Hence, we may pass tbe question of tb'e sufficiency of tbe evidence on tbe issue of negligence without decision and come directly to tbe vital and decisive questions presented. (1) Has plaintiff offered any evidence tending to show that she was induced to sign tbe release by tbe fraud of tbe defendants; and (2) if so, has she by her conduct, notwithstanding tbe fraud, ratified tbe same?

A release executed by tbe injured party and based on a valuable consideration is a complete defense to an…