Chicago & N. W. Ry. Co. v. Wilcox
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Iowa. This is a suit in equity to rescind a release of a claim for personal injury on the ground of fraud, undue influence, and mistake. The complainant, Lucy A. Wilcox, was a widow, and she had been engaged in the occupation of nursing for 10 years. She was 65 years of age.
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Appeal from the Circuit Court of the United States for the Northern District of Iowa. This is a suit in equity to rescind a release of a claim for personal injury on the ground of fraud, undue influence, and mistake. The complainant, Lucy A. Wilcox, was a widow, and she had been engaged in the occupation of nursing for 10 years. She was 65 years of age. On December 22, 1898, as she was standing in a passenger car of the defendant, it was suddenly started, and she fell and broke the neck of the femur of her left leg. One week after her injury she compromised her claim against the railway…
1Opinion of the CourtSanborn, Circuit Judge
The policy of the law has always been to promote and sustain the compromise and settlement of disputed claims. It loves peace, hates broils and dissensions, and discourages the prolongation of litigation and the revival of controversies which have once been closed. The judgment of a court settles the claims submitted to it, and estops the parties from again litigating them after they have been adjudicated. In the absence of fraud or mistake, an executed agreement of settlement of an unliquidated or disputed claim constitutes as conclusive and as effectual an estoppel against the parties to…
2Cases cited15 opinions
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Howland v. BlakeSupreme Court of the United States · 1878
- Hennessy v. BaconSupreme Court of the United States · 1890
- Chicago, St. P., M. & O. Ry. Co. v. BelliwithCourt of Appeals for the Eighth Circuit · 1897
- Kowalke v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1899
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3Cited by75 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
- Thompson v. CampCourt of Appeals for the Sixth Circuit · 1947
- Moruzzi v. Federal Life & Casualty Co.New Mexico Supreme Court · 1938
- Henry M. Strange v. Gulf & South American Steamship Company, Inc.Court of Appeals for the Fifth Circuit · 1974
70 more not listed; retrieve them via the Exa API.