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HOAD v. NEW YORK CENT. R. CO.

No. 1074.

6 F.Supp. 565 (1934)

HOAD v. NEW YORK CENT. R. CO. et al.

District Court, W. D. New York.

March 26, 1934.

Attorney(s) appearing for the Case

Searl & McElroy, of Syracuse, N. Y., for plaintiff.

Rann, Vaughan, Brown & Sturtevant and Harold J. Adams, all of Buffalo, N. Y., for defendants.

KNIGHT, District Judge.

The answer herein sets up a release as a bar to the alleged cause of action for personal injuries. The plaintiff replies that the release is invalid because of fraud in its procurement. Plaintiff moves that the question of the validity of the release be tried by a jury rather than by a court. The court heretofore ordered trial separately of the issues of the validity of the release and negligence. (D. C.) 3 F.Supp. 1020

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