Beard v. . R. R.

This action is prosecuted for the recovery of damages sustained by the plaintiff while in the employment of defendant, by reason of alleged negligence. The defendant denies that it was guilty of negligence (138) and alleges that plaintiff was injured by reason of his own negligence. For a further defense defendant sets up a release executed by plaintiff. In reply to this new matter plaintiff avers that at the time of the execution of the release he did not possess sufficient mental capacity to make the contract and that the release was procured by fraud and undue influence. For the purpose of…