McCombs v. Stephens

Lewis, Justice.

Defendant has appealed from a judgment rendered in favor of plaintiff for damages sustained in a three-car collision. Plaintiff brought this action against defendant after entering into a covenant not to sue the driver of the third vehicle. In the trial of the case, the court permitted the jury to hear testimony concerning the covenant and to credit defendant with the amount received by plaintiff from the other tort-feasor. The question to be decided is whether reversible error was committed in the manner in which such credit was allowed to the defendant.

Plaintiff originally…