WHITNEY CO. v. JOHNSON

No. 4815.

14 F.2d 24 (1926)

WHITNEY CO. v. JOHNSON.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied September 7, 1926.


Attorney(s) appearing for the Case

Simon, Gearin, Humphreys & Freed, Wilbur, Beckett, Howell & Oppenheimer, and Wilber Henderson, all of Portland, Or., for plaintiff in error.

B. A. Green and Louis V. Lundburg, both of Portland, Or., for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.


RUDKIN, Circuit Judge.

This was an action to recover damages for death by wrongful act or neglect. The plaintiff in the action was the mother of the deceased; the defendant was his employer. One of the defenses interposed by answer was a release of the claim for damages, executed by the plaintiff. The validity of the release was challenged by reply because of fraud in its execution or procurement. At the close of the testimony the defendant moved for a directed verdict...

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