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Conflict of Laws Keyed to Kay, 11th Ed.
Dice v. Akron, Canton & Youngstown Railroad Co.
Citation:
342 U.S. 359 (1952)Facts
Petitioner Dice worked as a fireman for respondent railroad and suffered serious injuries when his engine jumped the track. He filed suit in Ohio state court under the Federal Employers’ Liability Act, alleging the railroad’s negligence caused his injuries. The railroad defended by presenting a written release signed by Dice for $924.63, claiming it constituted a full settlement. Dice admitted signing receipts for payments related to his injuries but denied making a complete settlement. He alleged the release was void because railroad representatives deliberately misrepresented that the document was merely a receipt for back wages, not a release of all claims. After hearing evidence, the jury found fraud and awarded Dice $25,000. The trial judge set aside the verdict, finding Dice negligent in failing to read the release and concluding no clear and convincing evidence of fraud existed.
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