TaiLexi AI U.S. Case Law

James David Edwards v. Western & Atlantic Railroad

James David EDWARDS, Plaintiff-Appellant, v. WESTERN & ATLANTIC RAILROAD, Defendant-Appellee

Edwards v. Western & Atl. R.R., 552 F.2d 137 (5th Cir. 1977)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
May 13, 1977
Docket
No. 75-2850
Judges
Morgan, Fay, Hunter
Citations
552 F.2d 1371977 U.S. App. LEXIS 13394

Opinion — Per Curiam

PER CURIAM:

Plaintiff James David Edwards, a railroad switchman, sued his employer, defendant Western & Atlantic Railroad, under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq.

Plaintiff alleged that the railroad’s negligence in maintaining a path next to some railroad tracks had caused injury to his ankle when he climbed off a train to throw a switch and stepped on a rock.

The railroad denied liability on the ground, inter alia, that plaintiff had accepted a settlement from the railroad and had executed an instrument releasing the railroad from further liability for the injury. Plaintiff sought to avoid the release on the ground that the parties had executed it under a mutual mistake as to the nature and severity of the injury.

After discovery, the railroad moved for summary judgment. The district court granted the motion in a written order, holding that there was no disputed issue of material fact and that as a matter of law there was no mutual mistake. Record at 97-102. Plaintiff appeals.

Upon careful examination of the record, we affirm. The undisputed facts show, at most, a mistake as to the expected course of healing of plaintiff’s injury, and not as to its nature. Such a mistake is not sufficient to avoid the release.

See Robertson v. Douglas Steamship Co., 510 F.2d 829, 836 (5th Cir. 1975);

Heston v. Chicago and North Western R. Co., 341 F.Supp. 126 (N.D.Ill.1972).

AFFIRMED.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1981: 21982: 31992: 119812026peak 1982 · 3

Relies on it most ⓘ

  1. Loose v. Consolidated Rail Corp.534 F. Supp. 260 (E.D. Pa. 1982)
  2. Snyder v. Penn Central Transportation Co.442 A.2d 300 (Pa. Super. Ct. 1982)
  3. Dorman v. Kansas City Terminal Railway Co.642 P.2d 976 (Kan. 1982)
  4. Manis v. CSX Transportation, Inc.806 F. Supp. 177 (N.D. Ohio 1992)
  5. Ignacic v. Penn Central Transportation Co.436 A.2d 192 (Pa. Super. Ct. 1981)
  6. Jaynes v. Louisville & Nashville Railroad560 F. Supp. 57 (E.D. Tenn. 1981)

Most recent

  1. Manis v. CSX Transportation, Inc.806 F. Supp. 177 (N.D. Ohio 1992)
  2. Dorman v. Kansas City Terminal Railway Co.642 P.2d 976 (Kan. 1982)
  3. Snyder v. Penn Central Transportation Co.442 A.2d 300 (Pa. Super. Ct. 1982)
  4. Loose v. Consolidated Rail Corp.534 F. Supp. 260 (E.D. Pa. 1982)
  5. Jaynes v. Louisville & Nashville Railroad560 F. Supp. 57 (E.D. Tenn. 1981)
  6. Ignacic v. Penn Central Transportation Co.436 A.2d 192 (Pa. Super. Ct. 1981)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Robertson v. Douglas S.S. Co., 510 F.2d 829 (5th Cir. 1975) 25
Heston v. Chicago & North Western Ry. Co., 341 F. Supp. 126 (N.D. Ill. 1972) 8

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list