Ind. 281; s. c. 20 N. E. Rep. 837; $100 (carried past destination-addressed by motorman in insulting manner-shook his fist in her face), San Antonio Traction Co. v. Crawford, Tex. Civ. App. —; s. c. 71 S. W. Rep. 306; $100 (efection without force or insulting languagehonest mistake of conductor-returned within two minutes), Gulf &c. R. Co. v. Barnett (Tex.), 34 S. W. Rep. 449; $50 (at direction of conductor, passenger left the train to purchase ticket-train started before he could return-obliged to walk sixteen miles-aggravation of disease-much physical pain and suffering), St. Louis &c. R. Co. v. Germany (Tex. Civ. App.), 56 S. W. Rep. 586; $25 (passenger suffering from slight fever ejected a mile or two from station at night during slight rain), St. Louis &c. R. Co. v. Harper, 69 Ark. 186; s. c. 53 L. R. A. 220; 61 S. W. Rep. 911. Verdicts held Excessive: $2,500 (wrongful ejection without malice from construction train-compelled to walk two miles), Louisville &c. R. Co. v. Wilsey (Ky.), 11 Ky. L. Rep. 419; s. c. 12 S. W. Rep. 275; 5 L. R. A. 855; 39 Am. & Eng. R. Cas. 418; $2,500 (street car passenger assaulted, thrown from car-unable to work for eight weeks-ability to earn wages reduced almost onefourth-slight scalp wound, rib fracture, expectorated blood-confined to bed sixty-two days-reduced to $1,200), Forhman v. Consolidated Traction Co. (N. J. L.), 46 Atl. Rep. 783; $2,000 (ejection after surrender of ticket on second demand by conductor-plaintiff again got on train and was carried to his destination), Alabama &c. R. Co. v. Bell (Miss.), 29 South. Rep. 818; $850 (expulsion-honest belief of conductor that the fare had not been paid-no serious insult offered or special damages resulting robbed of $12.50 on way home), Masterson v. Chicago &c. R. Co., 102 Wis. 571; s. c. 78 N. W. Rep. 757; $750 (man sixty-three years old ejected without force forty miles short of destination by mistake of conductor-plaintiff walked the dis tance, though he could have paid his fare almost home-injuries from exposure), Bader v. Southern Pac. Co., 52 La. An. 1060; s. c. 27 South. Rep. 584; $500 (ejection on cold day at place without any accommodations-no special suffering, violence or aggravating circumstances), Finch v. Northern Pac. R. Co., 47 Minn. 36; s. c. 49 N. W. Rep. 329; $500 (ejection-no physical injury or pecuniary damages), Louisville &c. R. Co. v. Breckinridge, 99 Ky. 1; s. c. 17 Ky. L. Rep. 1303; 34 S. W. Rep. 702; $250 (ejection from street car-indignity, humiliation, injured feelings, technical assault), Conlon v. Metropolitan St. R. Co., 34 Misc. (N. Y.) 394; s. c. 69 N. Y. Supp. 653; $250 (expulsion-expenses forty cents-instruction for nominal damages), St. Louis &c. R. Co. v. Woodard, 69 Ark. 659; s. c. 64 S. W. Rep. 263; $250 (ejection on ground that ticket had expired-without force or physical injury-no time lost-compelled to sleep outdoors), Georgia R. Co. v. Baldoni, 115 Ga. 1013; s. c. 42 S. E. Rep. 364; $250 (wrongful expulsion-only slight inconvenience--obliged to walk two miles and carry heavy satchel), McLean v. Chicago &c. R. Co., 50 Minn. 485; s. c. 52 N. W. Rep. 966; $250 (put off at wrong station-detained only a few hours-no great mental distress), Louisville &c. R. Co. v. Jordan, 112 Ky. 473; s. c. 66 S. W. Rep. 27; 23 Ky. L. Rep. 1730; $150 (wrongful expulsion without force -profane language by conductor to plaintiff in presence of other passengers-compelled to walk ten miles on cold night), Gisleson v. Minneapolis &c. R. Co., 85 Minn. 329; s. c. 88 N. W. Rep. 970; $1,500 (ejection of one carried into steamboat after he had offered to leave or pay fare no malice shown), Doran v. Brooklyn &c. Ferry Co., 46 N. Y. St. Rep. 310; s. c. 19 N. Y. Supp. 172; $225 (wrongful ejection-suspicious defects in ticket-no malice shown or disregard of rights-no force used -one day's delay), Kleven v. Great Northern R. Co., 70 Minn. 79; s. c. 72 N. W. Rep. 828. 7368. Nature, scope and validity of 7376. False and fraudulent misrep release in general. 7369. Who may execute releases. 7370. Consideration for release of damages. 7371. Scope of release. 7372. Mental capacity and non-consent of releasor. 7373. Fraud as a ground for rescinding a release. 7374. Examples of releases set aside on the ground of fraud. resentations as a ground for rescission. 7377. Illustrative cases. 7378. Mistake as a ground for rescission. 7379. Return of consideration or offer to return as a prerequisite of rescission. 7380. Cancellation of release as a prerequisite to an action for damages. 7375. Examples of releases that 7381. When release of one joint were not deemed to have tort-feasor releases all. 7382. Ratification of release. 7383. Pleadings relating to releases. 7384. Evidence relating to releases. §7368. Nature, Scope and Validity. of Release in General.a-Releases, being a form of contract, are in the main governed by the same principles that apply to contracts generally; and, when fairly and understandingly entered into by parties competent to contract, in the absence of fraud, misrepresentation, or mistake, they will be enforced. Such agreements, being usually a compromise by the parties of their differences, are uniformly favored and upheld by the courts,' if the minds of the parties have fairly met. So, if a release of damages a Release by membership in relief association maintained in whole or in part by employer,-see Vol. IV, §§ 3853, 4635. 1 Chicago &c. R. Co. v. Wilcox, 116 Fed. Rep. 913; s. c. 54 C. C. A. 147. 2 Burik v. Dundee Woolen Co., 66 N. J. L. 420; s. c. 49 Atl. Rep. 442. |