Legal Opinion

Gifford v. Wichita Falls & S. Ry. Co.

Court of Appeals for the Fifth Circuit

Decided May 3, 1954No. 14715PublishedCited by 7 opinions

1Opinion of the Court

HUTCHESON, Chief Judge.-

This is an appeal from a judgment in a personal injury suit, entered on a verdict directed for defendant on the ground that plaintiff .had executed a full and complete release. 1 It presents the single question whether, as plaintiff contends, his evidence 2 was sufficient to entitle him to go to the jury on his claim that the release was procured by fraud.

The suit was brought in the Federal Court under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., by appellant Ben N. Gifford to set aside a release executed by him and to recov er additional damages if…

2Cases cited8 opinions

  1. Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
  2. South Buffalo Railway Co. v. AhernSupreme Court of the United States · 1953
  3. Graham v. Atchison. T. & S. F. Ry. Co.Court of Appeals for the Ninth Circuit · 1949
  4. Irish v. Central Vermont Ry., Inc.Court of Appeals for the Second Circuit · 1947
  5. Texas & N. O. Ry. Co. v. ThompsonTexas Commission of Appeals · 1929

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Ben N. Gifford v. Wichita Falls & Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1955
  2. Emma Marshall, Administratrix of the Estate of Everett Marshall, Deceased v. The New York Central Railroad CompanyCourt of Appeals for the Seventh Circuit · 1955
  3. Rankin v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1958
  4. McBrien v. United States Petroleum Carrier's Inc.District Court, S.D. New York · 1959
  5. Taxin v. Food Fair Stores, Inc.District Court, E.D. Pennsylvania · 1960

2 more not listed; retrieve them via the Exa API.

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