# Slade v. . Sherrod

> Supreme Court of North Carolina · April 10, 1918 · 175 N.C. 346

URL: https://www.frixlaw.com/law-library/cases/9812656

## Case

- **Full name:** WEST SLADE v. W. J. SHERROD Et Al.
- **Court:** Supreme Court of North Carolina
- **Decided:** April 10, 1918
- **Citations:** 175 N.C. 346; 95 S.E. 557; 1918 N.C. LEXIS 70
- **Precedential status:** Published
- **Opinion:** Dissent by Brown
- **Judges:** Clajrk, Brown
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9812656

## Opinion text

BROWN, J.,
dissenting: I am of opinion that tbe judge of tbe Superior Court correctly held that tbe defendant, as well as Williamson, was released from all liability “arising out of a collision between an automo,bile and a wagon and borse, tbe property of tbe undersigned” (tbe plaintiff). Tbe paper-writing is specific in its terms in releasing Williamson from such liability, and therefore, it releases tbe defendant, a joint tort feasor. Howard v. Plumbing Co., 154 N. C., 224 .
Tbe release does not mention any assault, but' on tbe other band, specifically states it is settlement of damages arising out of a collision between plaintiff’s wagon, wbicb it is admitted is tbe collision for wbicb tbis action was brought.
In Howard v. Plumbing Co., supra, it is held: “Therefore, if be accepts tbe satisfaction voluntarily made by one, that is a bar to all. And *350 so a release of one releases all, altbougli tbe release expressly stipulates tbat tbe other defendant shall not be released. And this rule is held to apply even though the one released was not in fact liable.”
The ruling above quoted settles conclusively any question as to the effect of the last paragraph of the release, in which it stipulates that it shall not bar any action against this defendant.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9812656. Public record. Not legal advice.