Wilcox v. Chicago & N. W. Ry. Co.

Citations

• 111 F. 435
• 1901 U.S. App. LEXIS 4975

Syllabus

<p>Settlement—Claim fob. Personal Injury—Rescission for Mistake.</p> <p>Complainant, while a passenger on defendant’s railroad, was thrown down in a car, and her hip was fractured. She was attended by her own physician, who was also defendant’s local physician. A week after the injury she was visited by the physician and a claim agent of defendant, and a settlement was made of her claim for damages against defendant, and she signed a release. She was then (55 years old, by occupation a nurse, and dependent on her earnings for support. The principal question with her in making the settlement” ivas the length of time the injury would incapacitate her from following her employment, and she was led to believe from tiie statements made by the agent and the opinion given by the physician that it would not exceed a year, and the settlement was made on that basis. In fact, she did not, recover the use of her limb, and was permanently incapacitated from following her occupation. If rid, that she was entitled to a rescission of the contract of settlement on the ground of mistake, and to a cancellation of the release;, conceding that all parties acted in good faith.</p>