Hill v. Northern Pac. Ry. Co.
U.S. Circuit Court for the District of Washington
Action at law to recover damages for the death of the husband and father of the plaintiffs, caused by an injury to the deceased while he was in the employ of the defendant ás a brakeman.
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Action at law to recover damages for the death of the husband and father of the plaintiffs, caused by an injury to the deceased while he was in the employ of the defendant ás a brakeman. In its answer to the complaint, the defendant denies the negligence charged, and pleads as a,n affirmative defense a complete settlement of the demand for damages herein, and payment of the sums of money which the widow of the deceased agreed to accept as compensation.to tier in her own right, and to her for the benefit of her minor daughter, who appears as her co-plaintiff; that said settlement was upon the…
1Opinion of the CourtHartford, District Judge
(after stating the facts). The demurrer to the amended reply raises the question whether, under the laws of the United States governing the practice of courts in an action at law, a full settlement of the controversy and a written release of the plaintiffs’ demand against the defendant can be impeached and annulled for false and fraudulent representa lions by which the plaintiff in the action was induced to accept the terms of settlement and execute the release. In their argument counsel for the plaintiffs urge that, under the Code of Civil Procedure of this state, a release of a right of…
2Cases cited12 opinions
- Scott v. NeelySupreme Court of the United States · 1891
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Robinson v. CampbellSupreme Court of the United States · 1818
- Atlantic Delaine Co. v. JamesSupreme Court of the United States · 1877
- George v. TateSupreme Court of the United States · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hill v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1902
- Pacific Mut. Life Ins. v. WebbCourt of Appeals for the Eighth Circuit · 1907
- Miles v. LavenderCourt of Appeals for the Ninth Circuit · 1926
- Raytheon Mfg. Co. v. Radio Corporation of AmericaCourt of Appeals for the First Circuit · 1935
- Heck v. Missouri Pac. Ry. Co.U.S. Circuit Court for the District of Colorado · 1906
6 more not listed; retrieve them via the Exa API.