Culver v. Kurn

Plaintiff’s petition alleges personal injuries received by him while employed by defendants and due to their negligence in the operation of a railroad as a common carrier in interstate commerce. Verdict and judgment were for defendants and plaintiff has appealed.

Appellant assigns as error the trial court’s action: (1) in holding a release, executed by appellant after the injury, valid unless procured by fraud and in admitting same in evidence over appellant’s objection; (2) in giving instructions numbered 8 and 12 at the request of defendants.

In their answer respondents set up the release as…