Legal Opinion

Irene F. O'tell, Administratrix of the Estate of John O'tell, Deceased v. New York, New Haven and Hartford Railroad Company

Court of Appeals for the Second Circuit

Decided September 5, 1956No. 379, Docket 24026PublishedCited by 12 opinions

1Opinion of the Court

HINCKS, Circuit Judge.

The facts relevant to this appeal are not in dispute. They are as follows. The plaintiff, as administratrix brought an action under Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-60, against the defendant railroad company, for injuries to and for the death of her son, an employee of the railroad. The defendant in its answer pleaded a release as a bar to the action, claiming that it had paid the plaintiff $2500 in full satisfaction of the claims for which the suit was brought. In her reply, the plaintiff admitted receiving the money but claimed that the release was…

2Cases cited4 opinions

  1. Union Pacific Railroad v. HadleySupreme Court of the United States · 1918
  2. Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
  3. Mandeville v. JacobsonSupreme Court of Connecticut · 1937
  4. Seaboard Air Line Railroad Company v. Tom GillCourt of Appeals for the Fourth Circuit · 1955

3Cited by12 opinions

  1. Paddington Partners v. Jean-Louis Bouchard, Herbert A. Denton, Econocom Finance Nv Econocom International N v. Jeffries & Company, Inc.Court of Appeals for the Second Circuit · 1994
  2. Kemp v. United StatesSupreme Court of the United States · 2022
  3. Hodgson v. ApplegateSupreme Court of New Jersey · 1959
  4. Gordon v. StateDistrict Court of Appeal of Florida · 1991
  5. Bowman v. Pamida, Inc.Supreme Court of Minnesota · 1977

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