Burgess v. Atlantic Coast Line Railroad

WYCHE, District Judge.

The above case is before me upon (1) motion of the defendant “for summary judgment in this case upon the ground that the plaintiff herein executed and delivered a release of one Lewis Wilson for the injuries and damages set forth in the complaint, and that said release was, and is, a bar to the maintenance of this action •^gainst the defendant”, and upon (2) motion of the plaintiff “for a dismissal without prejudice”.

I shall first consider defendant’s motion for summary judgment.

In support of its motion for summary judgment, the defendant has submitted affidavits of…