56 Wash. 519 | Wash. | 1910
Action by John T. Garver against Great Northern Railway Company, a corporation, and Charles A. Rose-brook, its yard master, to recover damages for personal injuries. From a directed verdict and judgment in favor of the defendants, the plaintiff has appealed.
The appellant, an employee of a transfer company, was injured while unloading freight from a car of the defendant railway company. The trial judge sustained the respondents’ motion for a directed verdict, and' the only question before us is whether it erred in so doing. The respondents,
On the trial the appellant admitted that he had received $500; that he had signed the release and other papers showing a settlement; but denied that he knew their contents or intended to do anything further than sign a receipt for money then paid. He testified that at the time of the alleged settlement he was confined to his bed, suffering from his injuries, but did not state that his faculties were impaired, that he was unconscious, or that he was in such physical or mental condition as to render him unfit for the transaction of business. In fact, his evidence shows that his mind was clear and that he fully understood and now remembers all that occurred. He was injured on January £0, 1908. The settlement was made nine days later. Respondents’ claim agent first called upon him about January £1, and ascertained the wages he had been earning, which he stated were $70 per month. The agent first suggested $175 as the amount to be received by him, but called some days later and stated that he was then authorized to pay $500, which appellant accepted.
Appellant further testified that he at no time asked the attending physicians to advise him of his true condition or the length of time he would probably be disabled. One phy.sician, Dr. Catterson, was called by appellant’s employer but appellant also failed to consult him as to his condition. There is no evidence to show that any confidential relation
Appellant testified that, when the claim agent called the second or third time, he signed the papers and received the $500; that he was not then aware of the contents of the papers; that he simply signed them where directed; but fails to showany attempt upon the part of the agent to prevent him from reading them or knowing their contents. Early in February, within less than a week after receiving the money, appellant, traveling alone, made a trip to Portland, Oregon, where he remained about ten days. He then returned to Spokane and, a few days later traveled alone to Des Moines, Iowa, where he remained, visiting friends, for several weeks. Thence he went to St. Joe, Missouri, returning to Spokane in the latter part of April. During all this time he consulted no physician, nor did he make any effort to obtain any knowledge of his true condition. He has retained the $500 paid by the respondent railway company, but in his reply alleged that he tendered it into court. The evidence shows that he failed to do so. The original written release which is in the record is partly printed and partly typewritten. The appellant testified that the typewritten portion had not been inserted when he signed it. Accepting this statement as true, it is apparent from the printed portion that it was a release of his entire claim for damages for personal injuries. The first printed words appearing in large type are, “Great
The judgment is affirmed.
Rudkin, C. J., Mount, Parker, and Dunbar, JJ., concur.