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Contracts Keyed to Fuller
Ricketts v. Pennsylvania R. Co.
Citation:
153 F.2d 757 (2d Cir. 1946)Facts
On February 16, 1943, Ricketts, a waiter on a Pennsylvania Railroad dining car, suffered injuries while in service. On March 19, 1943, he signed a release for $150 after the railroad’s claim agent allegedly told him it was only for lost wages and tips. When his injuries persisted, he sought additional compensation and consulted an attorney named Reich. According to Ricketts, he only authorized Reich to collect his lost wages and tips. Reich negotiated with the railroad and presented Ricketts with another release on August 23, 1943, for $600, allegedly telling him it was just a receipt for lost earnings. Relying on this representation, Ricketts signed without reading the document. The railroad disputed this account, with Reich testifying he had explained it was a complete release. The jury found for Ricketts, and the railroad appealed, arguing the releases barred his claim for further damages.
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