Maynard v. Durham & Southern Ry. Co.
Annotate this Case
365 U.S. 160 (1961)
U.S. Supreme Court
Maynard v. Durham & Southern Ry. Co., 365 U.S. 160 (1961)
Maynard v. Durham & Southern Railway Co.
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.
Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.