Prince v. Kansas City Southern Railway Co.

ASCHEMEYER, C.

This is an action under the Federal Employers’ Liability Act (45 U. S. C. A. Sec. 51, et seq.) to recover damages for personal injuries. The answer pleaded a release executed by respondent. The reply raised an issue of fraud in the procure ment of the release and prayed that it be set aside. Respondent recovered a judgment for $44,400.00 from which this appeal has been taken.

Aside from the release, which appellant asserts precluded recovery, appellant does not question the sufficiency of the evidence to make a submissible case upon the allegations of the petition. Respondent, a…