Mid City Theater Corporation v. Bethea

HOOD, Chief Judge:

Appellee brought this action for damages resulting from an injury sustained by him while a patron in appellant’s theater. In its answer appellant denied any negligence on its part, and as an affirmative defense pleaded a written release executed by appellee in consideration of payment to him of $300. At appellant’s request there was a separate trial on the issue of the validity of the release, resulting in a jury verdict that the release was invalid. This appeal is from a judgment entered on that verdict. No trial has been had on the merits of appellee’s claim.

Although…