Casey v. Proctor

In this action for personal injuries, defendant alleged as a special affirmative defense that plaintiff had signed a release discharging him from all liability, and that the action was barred, Pursuant to Code of Civil Procedure *100section 597, this issue was tried before the ease on its merits. After the introduction of evidence, the trial court, on defendant’s motion, directed the jury to find, as a matter of law, that the release “is valid and binding and bars plaintiff from' any recovery in this action.” Plaintiff appeals from the judgment entered upon this directed verdict.

The rules…