CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


TEXAS & PACIFIC RY. CO. V. DASHIELL, 198 U. S. 521 (1905)

Subscribe to Cases that cite 198 U. S. 521 RSS feed for this section

U.S. Supreme Court

Texas & Pacific Ry. Co. v. Dashiell, 198 U.S. 521 (1905)

Texas and Pacific Railway Company v. Dashiell

No. 212

Argued April 11, 1905

Decided May 29, 1905

198 U.S. 521

Syllabus

An employee of a railroad company executed a release which, after reciting that he had been injured in an accident, and that it was desirable to maintain pleasant relations, and avoid all controversy in the matter, and specifying certain slight bodily injuries including a scalp wound, released the company for a consideration of thirty dollars from all "claims and demands of every kind whatsoever for or on account of the injuries sustained in the manner and on the occasion aforesaid;" subsequently, after having remained in the company's employ about three months, he sued and obtained a verdict for permanent bodily and mental injuries, resulting from injuries not enumerated in the release, including a fracture of the skull; there was testimony going to show that the fracture was not known when the release was executed and that the permanent disability resulted from nonenumerated injuries. The trial court charged that the release related only to damages sustained by the enumerated injuries and not to those sustained from the nonenumerated injuries. Held, not error, and that

General words in a release are to be limited and restrained to the particular words in the recital, and the release in this case, not being for all injuries, but only for the particular ones specified, was not a bar to a recovery for damages resulting from the nonenumerated injuries, and that the application of this rule is not affected by the words "avoid all controversy in regard to the matter," as those words did not relate to the accident, but to the specified injuries.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 198 U. S. 523





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED