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CASEY v. PROCTOR

Docket No. L.A. 26961.

59 Cal.2d 97 (1963)

378 P.2d 579

28 Cal. Rptr. 307

WILLIAM CASEY, Plaintiff and Appellant, v. ROBERT CHARLES PROCTOR, Defendant and Respondent.

Supreme Court of California. In Bank.

February 14, 1963.

Attorney(s) appearing for the Case

Harney, Drummond & Fitzwater and David M. Harney for Plaintiff and Appellant.

Murchison, Cumming, Baker & Velpmen, John Baker and Henry F. Walker for Defendant and Respondent.

PETERS, J.

In this action for personal injuries, defendant alleged as a special affirmative defense that plaintiff had signed a release discharging him from all liability, and that the action was barred. Pursuant to Code of Civil Procedure section 597, this issue was tried before the case on its merits. After the introduction of evidence, the trial court, on defendant's motion, directed the jury to find, as a matter of law...

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