Legal Opinion

Janney v. Virginian Railway Co.

West Virginia Supreme Court

Decided October 5, 1937No. CC 582PublishedCited by 18 opinions

1Opinion of the Court

Maxwell, Judge :

This certification presents the question: Where a person who has suffered personal injury, executes, for valuable consideration, a release granting full acquittance of legal liability to the person charged with responsibility for the injury, may the injured party later, in an action at law against the other party for damages for the injury, avoid the legal import and effect of such receipt on the sole ground of mistake? The circuit court answered this query in the negative and certified its ruling here for review.

The action is prosecuted under the Federal Employers’ Liability…

2Cases cited11 opinions

  1. Crislip v. CainWest Virginia Supreme Court · 1882
  2. McIsaac v. McMurraySupreme Court of New Hampshire · 1915
  3. Norvell v. Kanawha & Michigan Railway Co.West Virginia Supreme Court · 1910
  4. Harman & Crockett v. Maddy Bros.West Virginia Supreme Court · 1905
  5. McCary v. Monongahela Valley Traction Co.West Virginia Supreme Court · 1924

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

3Cited by18 opinions

  1. Board of Education v. Zando, Martin & Milstead, Inc.West Virginia Supreme Court · 1990
  2. Sanders v. Roselawn Memorial Gardens, Inc.West Virginia Supreme Court · 1968
  3. DeVane v. KennedyWest Virginia Supreme Court · 1999
  4. Woodrum v. JohnsonWest Virginia Supreme Court · 2001
  5. Floyd v. WatsonWest Virginia Supreme Court · 1979

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

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