Urton v. Price

McKinstry, J.: The action was originally brought against the defendant Price to recover damages received by plaintiff by reason of the negligent manner in which the defendant conducted an experiment in chemistry, in the course of a public lecture, at which plaintiff was lawfully present (the defendant Price attempting to pass a current of oxygen gas over or through “ napthaline ”), which resulted in an explosion and the shattering of a glass receiver, by means whereof plaintiff’s eye was injured and its sight destroyed.

After defendant Price had answered, plaintiff obtained leave of the Court to amend his complaint, by making the “ Mechanics’Institute ” a party defendant, and charging the injury to have been done through the negligence of the Institute. Price [271]and the Mechanics’ Institute answered the amended complaint on the 18th of July, 1872, and April 14th, 1876, the plaintiff filed a stipulation and direction.

“ The above-entitled cause has been settled, and is hereby discontinued and dismissed as to the Mechanics’ Institute of the city of San Francisco ; and the clerk of said Court is hereby directed to enter a dismissal thereof of record.” This was followed April 17th, 1876, by a judgment dismissing the action as against the Mechanics’ Institute.

The next day, defendant Price filed an amended answer, to the effect, “ that, after committing the supposed grievances alleged in said complaint, and after the commencement of this action, to wit, on the 12th day of April, 1876, the defendant, the Mechanics’ Institute, delivered to the plaintiff, and the plaintiff accepted and received from the defendant, the Mechanics’ Institute, the sum of five hundred dollars, gold coin of the United States, in full satisfaction and discharge of the damages and cause of action alleged in said complaint.”

The bill of exceptions shows the following release:

“ Know all men by these presents, that I, William L. Urton, of Sonoma County, California, for and in consideration of the sum of five hundred dollars (§500), in gold coin of the United States of America, to me in hand paid by the Mechanics’ Institute, a corporation having its principal place of business in San Francisco, State aforesaid, have remised, released, and forever discharged, and by these presents do for myself, my heirs, executors, and administrators, remise, release, and forever discharge, the said Mechanics’ Institute, a corporation, and each of its officers and members, their heirs, executors, and administrators, of and from all manner of actions and cause of actions, suits, debts, dues, sums of money, accounts, controversies, variances, trespasses, damages, claims, and demands whatsoever, in law or in equity, which against the said Mechanics’ Institute, a corporation, or any of its officers or members, I ever had or now have, or which I, or my heirs, executors, or administrators hereafter can, shall, or may have, for, upon, or by reason of any matter, thing, or cause whatsoever, from the beginning of the world to the date of these presents, and particularly of and from all demands or claims of every nature arising from personal injuries