Texas & Pacific Railway Co. v. Dashiell
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The facts are stated in the opinion. The release on its face was intended by the parties to apply not only to injuries then known, but to such as might develop thereafter. The construction put upon the release by the trial, judge is an error which works serious injustice, and defeats the intention of the parties. Union Pacific v. Artist, 60 Fed. Rep. 365, distinguished; Greene v. Chi. & N. W. R. R. Co., 92 Fed.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The facts are stated in the opinion. The release on its face was intended by the parties to apply not only to injuries then known, but to such as might develop thereafter. The construction put upon the release by the trial, judge is an error which works serious injustice, and defeats the intention of the parties. Union Pacific v. Artist, 60 Fed. Rep. 365, distinguished; Greene v. Chi. & N. W. R. R. Co., 92 Fed. Rep. 873, 880. As a general principle of construction, applicable to all releases, while mistakes of fact may be sufficient…
1Opinion of the CourtJustice McKenna
This action was originally brought in the District Court of Tarrant County, in the State of Texas, and removed by the railway company to the United States Circuit Court for the Northern .District of Texas on the ground that the railway company is a corporation under the law of ..the United States.
The trial resulted in a verdict for the defendant in error for the sum of $7,500, upon which judgment was entered. It was affirmed by the Circuit Court of Appeals.
The .action was for personal injuries sustained by defendant in error through' the negligence of the railway company. The defendant in…
2Cases cited2 opinions
- Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
- Quebe v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1904
3Cited by29 opinions
- Garrett v. Moore-McCormack Co.Supreme Court of the United States · 1942
- Garrett v. Moore-Mccormack Co., Inc.Supreme Court of the United States · 1943
- Landers v. WhitneyCalifornia Supreme Court · 1916
- Lemm v. Stillwater Land & Cattle Co.California Supreme Court · 1933
- Arthur A. Kelcey v. Tankers Company Incorporated, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1954
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