Myers v. Carter

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…