MAYNARD V. DURHAM & SOUTHERN RY. CO., 365 U. S. 160 (1961)

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U.S. Supreme Court

Maynard v. Durham & Southern Ry. Co., 365 U.S. 160 (1961)

Maynard v. Durham & Southern Railway Co.

No. 183

Argued January 12, 1961

Decided February 20, 1961

365 U.S. 160


An employee sued a railroad in a state court to recover damages under the Federal Employers' Liability Act for an injury sustained in the course of his employment. As a defense, the railroad tendered a release signed by the employee, and the court granted a nonsuit after all the evidence was in. There was a conflict in the evidence as to what happened when the release was signed.

Held: the judgment is reversed. Pp. 365 U. S. 160-163.

(a) The rule of Dice v. Akron, C. & Y. R. Co., 342 U. S. 359, that the validity of a release under the Federal Employers' Liability Act is a federal question, applies where a release is challenged as not being supported by consideration as well as where the attack is made for fraud. P. 365 U. S. 161.

(b) On the record, there was a genuine issue of fact concerning the presence of consideration for the release, and that issue should have been submitted to a jury. Pp. 365 U. S. 161-163.

251 N.C. 783,112 S.E.2d 249, reversed.


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