Union Pac. Ry. Co. v. Artist
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Wyoming. Action by Andrew S. Artist against the Union Pacific Railway Company. Plaintiff obtained judgment. Defendant brings error. This writ of error is brought to reverse a judgment against tlie Union, Pacific Railway Company for the malpractice of physicians and tlie negligence of attendants in a hospital maintained by it, for tlie benefit of its employes, at Denver, in the state of Colorado.
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In Error to the Circuit Court of the United States for the District of Wyoming. Action by Andrew S. Artist against the Union Pacific Railway Company. Plaintiff obtained judgment. Defendant brings error. This writ of error is brought to reverse a judgment against tlie Union, Pacific Railway Company for the malpractice of physicians and tlie negligence of attendants in a hospital maintained by it, for tlie benefit of its employes, at Denver, in the state of Colorado. The evidence tended to show these facts: Tlie Union Pacific Railway Company requires each of its employes to contribute from his…
1Opinion of the CourtSanborn', Circuit Judge
General words, alone, in a release, are taken most strongly against the releasor. But when there is a particular recital followed by general words the latter are qualified by the particular recital. Jackson v. Stackhouse, 1 Cow. 122, 126, and cases cited; 2 Pars. Cont. 633, note. The court below properly applied this rule to the release in this case. The general words in the last half of it are limited by the very specific recital of the injuries that the $150 was to be in settlement of, which is contained in the first half of the release. It was the claims for these injuries, and for Ihese…
2Cases cited7 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Fire Insurance Patrol v. BoydSupreme Court of Pennsylvania · 1888
- Laubheim v. De Koninglyke Nederlandsche Stoomboot MaatschappyNew York Court of Appeals · 1887
- Jackson v. StackhouseNew York Supreme Court · 1823
- Van Tassell v. Manhattan Eye & Ear HospitalNew York Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- President & Directors of Georgetown College v. HughesCourt of Appeals for the D.C. Circuit · 1942
- Powers v. Massachusetts Homœopathic HospitalCourt of Appeals for the First Circuit · 1901
- Fordyce v. Woman's Christian National Library Ass'nSupreme Court of Arkansas · 1906
- Bruce v. Central Methodist Episcopal ChurchMichigan Supreme Court · 1907
- Mulliner v. Evangelischer DiakonniessenvereinSupreme Court of Minnesota · 1920
90 more not listed; retrieve them via the Exa API.