Myers

Plaintiff appeals from a judgment in favor of defendants in an action for personal injuries. While plaintiff, a man of limited education, was a passenger in a taxicab owned by defendant Yellow Cab Company and driven by defendant Hanna, the cab was involved in a collision with an automobile driven by defendant Carter. In addition to other defenses, defendants duly pleaded a release executed by plaintiff. Pursuant to section 597 of the Code of Civil Procedure, the issue of the validity of the release was tried first and, by stipulation, without a jury. The trial court made findings in favor of the defendants and entered judgment in their favor. This appeal followed.

*240 The collision occurred at about 1:30 in the morning of Saturday, March 9, 1957. Plaintiff was taken to a hospital where sutures were applied to a cut on his head and he was released. On Monday, March 11, 1957, two days after the accident and before plaintiff had returned to the hospital for further treatment, he was visited at his place of employment by James M. McCarthy, a claims adjuster for the defendant cab company. After a discussion for a period of thirty to forty minutes, plaintiff agreed to accept the sum…