Legal Opinion

Huntington v. Toledo, St. L. & W. R.

Court of Appeals for the Sixth Circuit

Decided December 14, 1909No. 1,931PublishedCited by 8 opinions

In Error to the Circuit Court of the United States for the Northern .District of Ohio. Action by William A. Huntington against the Toledo, St. Louis & Western Railroad Company. Judgment for defendant, and plaintiff brings error. This suit was brought by William A. Huntington, a citizen and resident of Lucas county, Ohio, against the Toledo, St. Louis & Western Railroad Company, a corporation of Indiana, owning and operating a railroad from Toledo to St. Louis.

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In Error to the Circuit Court of the United States for the Northern .District of Ohio. Action by William A. Huntington against the Toledo, St. Louis & Western Railroad Company. Judgment for defendant, and plaintiff brings error. This suit was brought by William A. Huntington, a citizen and resident of Lucas county, Ohio, against the Toledo, St. Louis & Western Railroad Company, a corporation of Indiana, owning and operating a railroad from Toledo to St. Louis. On November 7. 1903, Huntington was in the employ of the railroad company as conductor of passenger trains, and was on that day…

1Opinion of the CourtWarrington, Circuit Judge

(after stating the facts as above). The theory of recovery in this case is that plaintiff in error is entitled to maintain an action at law for breach of an oral agreement of settlement, which was made shortly prior to the execution of a written agreement upon the same subject. As pointed out in the statement, the oral agreement purports to embody the settlement of a ■claim of plaintiff in error for injuries received by him through alleged negligence of the railroad company. It is to be observed, however, that the action is not to recover for such injuries, but is to recover upon the…

2Cases cited21 opinions

  1. Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
  2. Pennsylvania Co. v. DolanIndiana Court of Appeals · 1892
  3. Rapid Transit Railway Co. v. SmithTexas Supreme Court · 1905
  4. Wagner v. National Life Ins. Co. of MontpelierCourt of Appeals for the Sixth Circuit · 1898
  5. Baum v. LynnMississippi Supreme Court · 1895

16 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Marmet Coal Co. v. People's Coal Co.Court of Appeals for the Sixth Circuit · 1915
  2. Bluegrass Canning Co. v. StewardCourt of Appeals for the Sixth Circuit · 1909
  3. Gunter v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1932
  4. Valley Refrigeration Co. v. Lange Co.Wisconsin Supreme Court · 1943
  5. Harvey v. Richmond, Fredericksburg & Potomac Railway Co.Supreme Court of Virginia · 1934

3 more not listed; retrieve them via the Exa API.

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