Jones v. Pettiford

ARNOLD, Judge.

Appeal Of James Otis Jones

Plaintiff contends that the trial court erred in directing a verdict against him. Without passing on the merits of his contentions with respect to the issue of contributory negligence, we hold that plaintiff’s claim against defendants Ramsey is barred by his plea of settlement with James Ramsey.

Although the trial court did not rule on defendants’ motion for judgment on the pleadings, an order granting the motion would have been proper. By alleging as a plea in bar to the counterclaim of defendants Ramsey that James Ramsey had released plaintiff from any…