Opinion
April 27, 1959.
June 30, 1959.
Contracts — Releases — Construction — Release of liability for accident — Bar to liability as additional defendant.
Where A operated an automobile which collided with another automobile operated by B in which C was a passenger and B and C sued A in an action of trespass in which A joined B as an additional defendant and thereafter A executed a valid release releasing B and C "from any and all actions, causes of action, claims or demands for damages . . . especially the liability arising out of the aforesaid accident", it was Held that the release barred B's liability as an additional defendant for contribution to A and that the court below had properly entered judgment in favor of B.
Before BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.
Appeal, No. 143, Jan. T., 1959, from judgment of Court of Common Pleas No. 5 of Philadelphia County, March T., 1957, No. 5848, in case of Elsa J. Mayer et al. v. Norton B. Knopf et al. Judgment affirmed.
Same case in court below: 17 Pa. D. C.2d 308.
Trespass for personal injuries.
Adjudication filed granting additional defendant's motion for judgment on the pleadings and judgment entered for additional defendant and against defendant, opinion by WEINROTT, J. Defendant appealed.
John J. McDevitt, 3rd, with him Harry A. Short, Jr., for appellant.
Henry J. Lotto, for appellee.
The judgment of the court below is affirmed on the opinion of Judge WEINROTT of the Court of Common Pleas No. 5 of Philadelphia County, appearing in 17 Pa. D. C.2d 308.