Chicago, St. P., M. & O. Ry. Co. v. Belliwith
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. On September 15, 1894, a freight train was wrecked on the track of the Chicago, St. Paul, Minneapolis & Omaha Railway Company, the plaintiff in error, on its road between Minneapolis and Menomonie, in the state of Wisconsin.
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In Error to the Circuit Court of the United States for the District of Minnesota. On September 15, 1894, a freight train was wrecked on the track of the Chicago, St. Paul, Minneapolis & Omaha Railway Company, the plaintiff in error, on its road between Minneapolis and Menomonie, in the state of Wisconsin. A tank in the wreck, which contained oil, took fire about 7 o’clock in the morning of that day, and, alter burning about four hours, exploded and burned John Belliwith, the defendant in error. He was a passenger on a train which started that morning from Minneapolis, and arrived at the scene…
1Opinion of the Court
SANBORN, Circuit Judge,
after stating the case as above, deli vertid the opinion of the court.
A written contract of release cannot be annulled or avoided by proof that one of the par this to it, who was sound in mind and able in body, could not read or write, did not know the terms of the agreement, and neglected to ask any one to read it to him when he signed it. A written contract is the highest evidence of the terms of an agreement between the parties to it, and it is the duty of every contracting party to learn and know its contents before he signs and delivers it. He owes this duty to the…
2Cases cited24 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Smith v. AyerSupreme Court of the United States · 1880
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
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3Cited by69 opinions
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- Indemnity Insurance v. W. L. Macatee & SonsTexas Supreme Court · 1937
- Chicago & N. W. Ry. Co. v. WilcoxCourt of Appeals for the Eighth Circuit · 1902
- Indemnity Ins. Co. of North America v. W. L. Macatee & SonsTexas Commission of Appeals · 1937
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
64 more not listed; retrieve them via the Exa API.