196 P. 193 | Idaho | 1921
Respondent brought this action to recover for the hire of a horse and buggy, and also for damages resulting to the property while in the possession of appellant as bailee. Appellant answered and filed a counterclaim, alleging damages for breach of warranty that the horse was gentle and trustworthy; that it was in fact fractious and unmanageable, on account of which he was injured while exercising due care on his part.
It appears that the injury occurred in the streets of Nampa, upon the approach of an interurban car operated
The document is to be construed as a release, having the effect of an agreement not to sue, and not as an acknowledgment of satisfaction for the injuries received. The Boise Valley Traction Company was not in any sense a joint tortfeasor with respondent. The release, therefore, was not a bar to the counterclaim against respondent. (Miller v. Beck Co., 108 Iowa, 575, 79 N. W. 344; City of Chicago v. Babcock, 143 Ill. 358, 32 N. E. 271; Pogel v. Meilke, 60 Wis. 248, 18 N. W. 927; Murphy v. Penniman, 105 Md. 452, 121 Am. St. 583, 66 Atl. 282; Snow v. Chandler, 10 N. H. 92, 34 Am. Dec. 140; Pittsburg Rys. Co. v. Chapman, 145 Fed. 886, 76 C. C. A. 418; 34 Cyc. 1088.)
Since, however, appellant was only entitled to receive compensation for his injuries received, thp consideration received from the Boise Valley Traction Company for the release of any claim against it operated to reduce pro tanto the amount of any damages he was entitled to recover against any other tort-feasor responsible for his injuries, and this is true whether the tort-feasórs be joint'or independent. The re
Appellant specifies as error the failure of the court to give certain instructions requested by him, but the instructions given by the court contained the substance of the requested instructions so far as they stated the law applicable to the case.
We do not find any prejudicial error in the record, and the judgment is affirmed. Costs awarded to respondent.