OLLEY ET AL.
v.
PHILADELPHIA & READING COAL & IRON CO. ET AL.

U.S. | 1939-10-09
No. 213
Mr. Justice Douglas took no part in the consideration and decision of this application.
308 U.S. 560 Supreme Court of the United States (1939) Positive Treatment
Cited by 7 cases

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Cited By

  • Correia v. Seaboard Coast Line R.R. Co., 393 So. 2d 1161 (Fla. 1st DCA 1981)
    …h Cir. 1949); Thompson v. Camp, 163 F. 2d 396 (6th Cir. 1947), cert. denied, 333 U.S. 831, 68 S.Ct. 458, 92 L.Ed. 1116 (1948); Stuart v. Alcoa S.S. Co., 143 F. 2d 178 (2d Cir. 1944); Bonici v. Standard Oil Co., 103 F. 2d 437 (2d Cir.), cert. denied, 308 U.S. 560, 60 S.Ct. 106, 84 L.Ed. 471 (1939). Here, although we do not pass upon the factual correctness of whether the August 9 accident resulted in the herniated disc, we find that a mutual mistake or misrepresentation could have occurred. The inference cou…
  • United States v. Johnson, 160 F.2d 789 (9th Cir. 1947)
    …to lay the necessary factual foundation upon which the validity of the release could have been submitted * * * of the jury.” (Emphasis supplied.) 153 F. 2d at pages 833, 834. In Bonici v. Standard Oil Co., 2 Cir., 103 F. 2d 437, certiorari denied, 308 U.S. 560, 60 S.Ct. 106, 84 L.Ed. 471, and Stuart v. Alcoa S. S. Co., 2 Cir., 143 F. 2d 178, the actions of the trial judge in setting aside seamen’s releases were sustained on the ground that, as in the present case, the injury later turned out to be more se…
  • Wooten v. Skibs A/S Samuel Bakke, 431 F.2d 821 (4th Cir. 1969)
    …th parties concerning a present fact material to the contract,” the court affirmed a jury verdict for the plaintiff. Another [*823] erroneous diagnosis led to the same result in Bonici v. Standard Oil Co., 103 F. 2d 437, 439 (2d Cir.), cert. denied, 308 U.S. 560, 60 S.Ct. 106, 84 L.Ed. 471 (1939). Earlier Judge Learned Hand had written of an invalid release: “To tell a layman who has been injured that he will be about again in a short time is to do more than prophesy about his recovery. No doubt it is a for…

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