O'shea v. New York, C. & St. L. R. Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. Action by John W. O’Shea against the New York, Chicago & St. Louis Railroad Company. A verdict was directed for defendant, and plaintiff brings error.
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In Error to the Circuit Court of the United States for the Northern District of Illinois. Action by John W. O’Shea against the New York, Chicago & St. Louis Railroad Company. A verdict was directed for defendant, and plaintiff brings error. The plaintiff in error, who was the plaintiff below, brought suit to recover for injuries received while in the service of the defendant, the New York, Chicago & St. Louis Railroad Company, owning and operating a railroad commonly known as the “Nickel Plate Railroad.” At the time of the accident, December 29, 1894, the plaintiff was riding upon one of the…
1Opinion of the CourtJenkins, Circuit Judge
It is well settled that one injured by the act of several joint tort feasors may sue one of them, or any number less than the whole of them, or all of them. It is also settled that as there is but. one injury there can be but one satisfaction. If, therefore, the injured person receives satisfaction from one of the joint tort feasors, or executes a release, that satisfaction and release operate-as a bar to an action against the others, because the cause of the action is satisfied, and no longer exists. With respect to a technical release under seal of one of several joint tort feasors, the law…
2Cases cited12 opinions
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Seither v. Philad. Traction Co.Supreme Court of Pennsylvania · 1889
- Gunther ex rel. Gunther v. LeeCourt of Appeals of Maryland · 1876
- Sigua Iron Co. v. GreeneCourt of Appeals for the Second Circuit · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
- Pugh v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1931
- Haverty Realty & Inv. Co. v. CommissionerUnited States Tax Court · 1944
- Arthur R. Jones Syndicate v. Commissioner of I. RevenueCourt of Appeals for the Seventh Circuit · 1927
36 more not listed; retrieve them via the Exa API.