Haigh v. White Way Laundry Co.

• Decision Date: 18 February 1914
• Citation: 145 N.W. 473,164 Iowa 143
• Parties: HAIGH v. WHITE WAY LAUNDRY CO.
• Court: Iowa Supreme Court

164 Iowa 143

145 N.W. 473

HAIGH

v.WHITE WAY LAUNDRY CO.

Supreme Court of Iowa.

Feb. 18, 1914.

Appeal from District Court, Scott County; William Theophilus, Judge.

Action to recover damages for personal injury. Defendant pleads settlement. Plaintiff replies alleging fraud in procuring settlement. Demurrer to reply. Demurrer overruled. Defendant appeals. Affirmed.Ralph C. Williamson, of Davenport, for appellant.

Ely & Bush, of Davenport, for appellee.

GAYNOR, J.

This is an action to recover damages for a personal injury. The plaintiff claims in her petition that on the 16th day of October, 1911, she was in the employ of the defendant in and about its laundry, and while in the exercise of due care on her part, her hand was caught and burned in an unguarded mangle; that her injuries were caused by, and due to, the negligence of the defendant, in this, that it negligently, and in violation of the statute, maintained a mangle without any guard of any kind thereon, and negligently failed to warn the plaintiff of the danger thereof, and negligently required the plaintiff to work at said mangle while the same was unguarded; that, by reason of the injuries received, she was crippled and disfigured. The defendant, answering, said, among other things, that on the 31st of October, 1911, the plaintiff and defendant entered into a written contract whereby they adjusted and settled any cause of action which the plaintiff had by reason of the matters complained of in her petition; said contract being in words and figures as follows: “Whereas, the undersigned was injured on or about the 18th day of October, 1911, under circumstances claimed to render White Way Laundry Company liable in damage; and whereas said White Way Laundry Company denies liability therefor; and whereas both parties desire to compromise and have agreed to adjust and settle the matter for the sum of thirty dollars: Now therefore, in consideration of said sum, the receipt of which is hereby acknowledged, I, Gertie Haigh, do for myself, my heirs, executors and administrators, hereby compromise said claim and release and forever discharge said White Way Laundry Company from any and all liability which has accrued or may hereafter accrue to myself, my heirs, executors and administrators, by reason of said injuries or damages accruing therefrom. Witness my hand and seal at Davenport, Iowa, this 31st day of October, 1911. Gertie Haigh.” The plaintiff, replying to this defense, states that the contract of release relied upon by the defendant was obtained by misrepresentation and by mistake as to the material facts of her injury, as follows: “That defendant, by its local representative, John Hynes, stated and represented to plaintiff, at and before the making of said written release, that plaintiff's injuries were trifling; that the tendons of her hand were not injured; that said injuries would not continue for more than two or three weeks longer; and that plaintiff would entirely recover therefrom, and her hand would be as well as ever. That plaintiff relied upon the truth of said representations and representations to the same effect made by one F. H. Brand, who treated plaintiff as a physician in the employment of defendant, and believed said representations to be true and consented to execute a written release upon the faith of said representations, but that in truth and in fact said representations were not true, and that the tendons of plaintiff's hand were injured; that her hand was permanently disabled; that she did not recover in two or three weeks thereafter, and has never completely recovered the use of her hand, but was compelled to submit to an exceedingly painful surgical operation, including the grafting of a large patch of skin from her body upon the palm of her hand and the loosening of the tendons thereof, and the repair of the sheath of the tendons, and was obliged to submit to a third surgical operation to relieve certain contractions and attachments of the skin and flesh of the fingers and hand. That by reason of the misrepresentations and the mistake of the parties as to material matters of fact when executed, plaintiff is not bound thereby. Wherefore, plaintiff demands judgment as prayed in her original petition.” The defendant demurred to this reply on the ground that the allegations contained therein do not set out such representations or mistakes as to material facts, which, if proven, avoid the release pleaded by the defendant. This demurrer was overruled, and, from the ruling on the demurrer, the defendant appeals.

This case presents but one question, whether or not the allegations of the reply are sufficient, in and of themselves, to avoid the effect of the release executed by the plaintiff. There has been much discussion of this question in the books, and the line of demarcation is not clearly drawn, and it is sometimes difficult to distinguish the rule which affirms the settlement, and the rule that avoids the settlement, as the same has been applied to the facts in particular cases. Language is intended to convey ideas, to be a vehicle of thought. Its use, however, and the manner of its use, does not always clearly accomplish the purpose for which it was intended. There are, however, some general rules recognized and enforced in matters of this kind, and so well settled that no difficulty arises, in their application to a given state of facts, when the fact conditions are made plain, by the words used in setting them forth. In the pleading before us, there are many statements made, as a basis for avoiding the settlement, which, in and of themselves, do not have the effect contended for them. They are merely expressions of opinion, as to results to be anticipated in the future, from known and recognized conditions. There is no direct allegation that these opinions were not honestly given. There is...