Atchison, T. & S. F. Ry. Co. v. Fiedler
Court of Appeals of Texas
Appeal from District Court, El Paso County; A. M. Walthall, Judge. Action by E. E. Fiedler against the Atch-ison, Topeka & Santa Fé Railway Company, Judgment for plaintiff, and defendant appeals.
1Opinion
On Motion for Rehearing.
We have concluded that our construction (of the release pleaded) on the original hearing of this cause, to the effect that it was a release of the plaintiff’s (present) cause of action, is not in line with the majority and weight of authority as declared by other courts.
[3] The language of the release is clearly sufficient to embrace all claims, demands, and causes of action which plaintiff had at that time; and, having concluded upon the first consideration of the case that the instrument was not ambiguous nor had defendant pleaded and proven fraud or mistake, we…
2Cases cited7 opinions
- Union Pac. Ry. Co. v. ArtistCourt of Appeals for the Eighth Circuit · 1894
- Quebe v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1904
- Todd v. MitchellIllinois Supreme Court · 1897
- Texas & Pacific Railway Co. v. DashiellSupreme Court of the United States · 1905
- Bassett v. LawrenceIllinois Supreme Court · 1901
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