Turner v. Ontiberos

Ontiberos was a laborer upon Turner’s farm. While engaged in feeding a feed chopper, his hand was caught by the knives of the machine and his fingers severed. He brought, this action to recover his damages sustained by the injury. The defendant pleaded assumed risk, contributory negligence, and a release executed in consideration of $25 paid.

By supplemental petition appellee denied the execution of a release, but averred, if defendant had such a release executed by him, “that the same was done without his knowledge or consent, or while he was under the influence of opiates or suffering from…