95 Minn. 356 | Minn. | 1905
This is an action by a parent to recover for the death of hís son, a lad of fourteen years, resulting from injuries through the alleged failure of defendant to protect the machinery in its pulp mill at Cloquet. There was a verdict for plaintiff, and a motion for a new trial, or judgment .in the alternative, which was overruled. From this order defendant appeals.
The principal and troublesome question involved in this case was, however, upon the claim of settlement between the contesting parties. In the answer defendant pleaded a release setting forth that for $275 defendant was acquitted of all damages by reason of the negligence complained of. The issue thus presented was met by plaintiff in reply, under the allegation that the money was received as a voluntary gratuity from defendant, to aid the father in paying the expenses of the funeral of his deceased son, and the expenses of his family in attending the same; that plaintiff accepted the donation, whereupon a paper was produced, with the accompanying verbal statement that it was a receipt for the money which was donated, and a request that plaintiff sign the same as evidence thereof, whereupon plaintiff, who was unable to read or write English, relied upon the representation thus made, and signed the paper, which was a release of all damages, and did not until several weeks thereafter understand the nature of the instrument he executed.
There was testimony tending to show that plaintiff, to support his troubles, had drank intoxicants. This may have been improper, but it is not unusual under such circumstances. The learned trial court struck out the testimony tending to show the effect of stimulants upon the mind of plaintiff, which we think was error. Merrill v. Pike, 94 Minn. 186, 102 N. W. 393. We must therefore omit any inference to be drawn from this testimony in our review of the evidence, but we are satisfied from the whole record that it was fairly within the
We find no further errors worthy of specific notice and are satisfied that, whether it was or not error for the court to require a reduction of the verdict to the extent of the amount received at the office, no prejudice resulted from this order, which was accepted.
Order appealed from is affirmed.
START, C. J., absent, did not sit.