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John J. Sulli v. n, Appellee,

RELEASES, § 15 — equitable relief, want of consideration and mistake of fact. Court of equity was justified in setting aside release under seal, respecting liability of railway company for injuries sustained by employee, where sum received by latter purportedly in consideration therefor covered only amount to which employee was entitled as a matter of right for loss of time and consequently he received nothing for injuries sustained, and where employee did not know when he executed release that he suffered serious brain injury, irrespective of whether company had knowledge thereof, since it was not necessary that mistake of fact be mutual.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE SCANLAN.

Not to be published in full. Opinion filed May 20, 1947; rehearing denied June 4, 1947; released for publication June 9, 1947.

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SULLIVAN v. ELGIN, JOLIET AND EASTERN RY. CO
(May 20, 1947)