Gajanich

An appeal by defendant John R. Gregory from a judgment for plaintiff in an action for damages for personal injuries sustained by plaintiff when struck by defendant’s automobile.

Defendant denied the alleged negligence, and as a separate defense averred that plaintiff prior to the filing of the action, for a valuable consideration, released and discharged defendant from all claims for damages or causes of action arising out of the accident described in the complaint.

The questions of negligence and of the validity of the alleged release were submitted to a jury, which returned a verdict in favor of plaintiff for $12,500. Following a motion for a new trial the plaintiff remitted the sum of $6,500 from the judgment, which was thereupon reduced to $6,000 with costs of suit.

Defendant concedes that the evidence on the question of negligence was conflicting and sufficient to sustain the verdict in that respect, but contends as grounds for his appeal that the release was binding and precluded a trial of the issues as to negligence, and that the court erroneously submitted the question of the validity of the release to the jury; further, that the court erred in certain of its…