Garstka v. Republic Steel Corp.

I am of the opinion the judgment should be reversed without a new trial and with costs to defendant under the following rule in this jurisdiction, stated in MacDonald v. Henry Hornblower & Weeks, 268 Mich. 626, 629:

“So, where one tortfeasor is released from liability on payment of part of the damage, the others are discharged although the contract expressly reserves right of action against them. McBride v. Scott, 132 Mich. 176 (61 L. R. A. 445, 102 Am. St. Rep. 416, 1 Ann. Cas. 61, 13 Am. Neg. Rep. 335); Sunlin v. Skutt, 133 Mich. 208; Lindsay v. Acme Cement Plaster Co., 220 Mich. 367; Moffit…