Chicago & A. Ry. Co. v. Green
U.S. Circuit Court for the District of Missouri
In Equity. Suit for reformation of release. The defendant. Squire D. Green, brought an action against the Chicago & Alton Railroad Company in the state court to recover damages for personal injuries.
Read the full summary
In Equity. Suit for reformation of release. The defendant. Squire D. Green, brought an action against the Chicago & Alton Railroad Company in the state court to recover damages for personal injuries. Tile cause was removed into this court, whereupon the complainant, the Chicago & Alton Railway Company, presented its bill in equity, in the nature of a cross action, against said Squire L. Green, alleging that the defendant at the time of the injury was an employs of the Chicago <& Alton Railway Company, and that any cause of action which he had was against the latter company. The bill further…
1Opinion of the Court
.PHILIPS. District Judge
(after stating the facts). That there was a mistake in the written release executed by the defendant, in inserting therein the “Chicago & Alton Railroad Company” instead of the “Chicago & Alton Railway Company,” was not contested by defendant’s counsel at the hearing; and, if it had been, the evidence is clear that it was a mistake of both parties. It is the special province of a court of equity to rectify such mistakes. “If, by inadvertence, accident, or mistake, the terms of a contract were not fully set forth in the policy, the plaintiff is entitled to have it…
2Cases cited10 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- Mateer v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Homuth v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kelly v. Chicago Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1908
- In re President of Harvard CollegeCourt of Appeals for the First Circuit · 1945
- Anderson v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1910
- Heck v. Missouri Pac. Ry. Co.U.S. Circuit Court for the District of Colorado · 1906
- Prudential Casualty Co. v. MillerCourt of Appeals for the Sixth Circuit · 1919
4 more not listed; retrieve them via the Exa API.