Legal Opinion

Hoad v. New York Cent. R.

District Court, W.D. New York

Decided March 26, 1934No. 1074PublishedCited by 1 opinion

1Opinion of the Court

KNIGHT, District Judge.

The answer herein sets up a release as a bar to the alleged cause of action for personal injuries. The plaintiff replies that the release is invalid because of fraud in its procurement. Plaintiff moves that the question of the validity of the release be tried by a jury rather than by a court. The court heretofore ordered trial separately of the issues of the validity of the release and negligence. (D. C.) 3 F. Supp. 1020.

Examination of numerous authorities reveals that the decisions of the courts are not entirely in harmony. However, the weight may well be said to be…

2Cases cited18 opinions

Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
Wagner v. National Life Ins. Co. of MontpelierCourt of Appeals for the Sixth Circuit · 1898
Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
Andes v. ElySupreme Court of the United States · 1895
Pacific Mut. Life Ins. v. WebbCourt of Appeals for the Eighth Circuit · 1907

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3Cited by1 opinion

Raytheon Mfg. Co. v. Radio Corporation of AmericaCourt of Appeals for the First Circuit · 1935