Peters v. Cook

Berry, Judge:

This is an appeal from a judgment of the Circuit Court of Raleigh County, West Virginia, by the plaintiff, Dallas B. Peters, holding that the plaintiff was barred from prosecuting an action against John W. Cook, Jr., the defendant, for personal injuries arising out of an automobile accident because he had released all of his claims for damages. The case was submitted for decision of this Court on briefs without arguments at the January Regular Term, 1969.

*635On March 14, 1966, the day before the case was set for trial, the defendant moved for summary judgment based on affidavits,…