Merrimon v. Postal Telegraph-Cable Co.

In apt time, tbe defendant requested tbe judge of tbe general county court, in writing, to instruct tbe jury as follows:

“I charge you, gentlemen of tbe jury, that tbe release offered by tbe defendant is a bar to tbe action of tbe plaintiff, and it will be your duty to answer tbe fourth issue ‘Yes.’ ”

This prayer was refused, and on defendant’s appeal to tbe Superior Court, its assignments of error based on such refusal was overruled. In this there was error, and for this error tbe judgment of tbe Superior Court affirming tbe judgment of tbe general county court must be reversed.

At tbe trial in…