Doty v. Chi., St. P. & K. C. Ry. Co.

• Decision Date: 05 May 1892
• Citation: 52 N.W. 135,49 Minn. 499
• Court: Minnesota Supreme Court
• Parties: DOTY v CHICAGO, ST. P. & K. C. RY. CO.

49 Minn. 499

52 N.W. 135

DOTYvCHICAGO, ST. P. & K. C. RY. CO.

Supreme Court of Minnesota.

May 5, 1892.

(Syllabus by the Court.)

Evidence held to sustain verdict.

Appeal from district court, Dodge county; BUCKHAM, Judge.

Action by Lucy Maude Doty, plaintiff, against the Chicago, St. Paul & Kansas City Railway Company, defendant, to recover damages for personal injuries received through defendant's alleged negligence. Defendant pleaded a settlement and release of claim. On the trial, evidence was introduced to the effect that, after suffering the injuries complained of, plaintiff had called at defendant's offices, and submitted to an examination by defendant's surgeon, Dr. Millard, who stated as his professional opinion that plaintiff's injuries were slight, and easily cured, and that thereupon plaintiff and defendant agreed upon a settlement, and plaintiff, for a valuable consideration, executed a written release of her claims. Defendant had a verdict. From an order denying a new trial, plaintiff appeals. Affirmed.

John A. Lovely and Edgerton & Maclay, for appellant.

Lusk, Bunn & Hadley, for respondent.

GILFILLAN, C. J.

There was not a particle of evidence in the case from which the jury might determine that any agent of the defendant had made any fraudulent representation to plaintiff to induce her to execute the release pleaded in defense. What was said to her by Dr. Millard was merely the expression of his opinion as to the cure of her injury, and there is nothing to suggest the opinion was not given with the utmost good faith. There is nothing in either assignment of error.

Order affirmed.