Great Northern Ry. Co. v. Fowler
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the District of Washington. The appellee was the complainant in a bill brought to set aside a settlement he had made with the appellant on March 20, 1902, for injuries which he received .while in the employment of the appellant as a brakeman on its railroad.
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Appeal from the Circuit Court of the United States for the Northern Division of the District of Washington. The appellee was the complainant in a bill brought to set aside a settlement he had made with the appellant on March 20, 1902, for injuries which he received .while in the employment of the appellant as a brakeman on its railroad. He alleged that on February 5, .1902, through the negligence and carelessness of the appellant in erecting telegraph poles with the cross-arms thereon so close to the track of its railway, he was violently knocked from a moving train, without fault on his…
1Opinion of the CourtGilbert, Circuit Judge
The evidence in the case convinced the trial court, as it convinces us, that the settlement was made under a mutual mistake of both parties thereto as to the nature and extent of the appellee’s injuries. The appellee, in making the settlement, acted wholly upon the advice of the agent and surgeon of the appellant. The agent called on him for the purpose of procuring a settlement, and informed him that thé com*121pany was willing to pay him, in full discharge of all demands for the injuries received, his nurse’s and doctor’s bills, together with his regular wages as brakeman for the time during…
2Cases cited8 opinions
- Chicago & N. W. Ry. Co. v. WilcoxCourt of Appeals for the Eighth Circuit · 1902
- Houston & Texas Central Railroad v. McCartyTexas Supreme Court · 1901
- Lumley v. Wabash R.Court of Appeals for the Sixth Circuit · 1896
- Kowalke v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1899
- Homuth v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Thompson v. CampCourt of Appeals for the Sixth Circuit · 1947
- Chicago & N. W. Ry. Co. v. CurlCourt of Appeals for the Eighth Circuit · 1950
- Graham v. Atchison. T. & S. F. Ry. Co.Court of Appeals for the Ninth Circuit · 1949
- St. Louis, Iron Mountain & Southern Railway Co. v. HambrightSupreme Court of Arkansas · 1908
- Bonici v. Standard Oil Co.Court of Appeals for the Second Circuit · 1939
43 more not listed; retrieve them via the Exa API.