Johnson v. Pickwick Stages System

Defendant Pickwick Stages System appeals herein from a judgment recovered against it for personal injuries received by respondent Johnson as a result of a collision between one of appellant’s stages and a Buick automobile driven by Gordon M. Snyder. Snyder was originally joined with appellant Pickwick Stages System as a defendant, but before the trial respondent Johnson dismissed his action against Snyder and went to trial only against appellant Pickwick Stages System.

Because of the dismissal of Snyder and the execution of the agreement by respondent Johnson which is hereafter set out appellant claims that there had been a settlement and release of Johnson’s claim against Snyder which barred his cause of action against appellant or at least that there was evidence sufficient to go to the jury on that question.

At the time of trial appellant filed a supplemental answer alleging a settlement and release of Johnson’s claim against Snyder and the issues raised by this supplemental answer were first tried. Appellant offered in support of its plea in bar a document in the following language:

As to this agreement it was proved that it was signed by respondent Johnson some time in…