Dice v. Akron, Canton & Youngstown Railroad

72 S. Ct. 312, 96 L. Ed. 398, 96 L. Ed. 2d 398, 342 U.S. 359, 1952 U.S. LEXIS 2462, 63 Ohio Law. Abs. 161, 47 Ohio Op. 53
CourtSupreme Court of the United States
DecidedFebruary 4, 1952
Docket374
StatusPublished
Cited by510 cases

This text of 72 S. Ct. 312 (Dice v. Akron, Canton & Youngstown Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dice v. Akron, Canton & Youngstown Railroad, 72 S. Ct. 312, 96 L. Ed. 398, 96 L. Ed. 2d 398, 342 U.S. 359, 1952 U.S. LEXIS 2462, 63 Ohio Law. Abs. 161, 47 Ohio Op. 53 (U.S. 1952).

Opinions

[360]*360Opinion of the Court by

Mr. Justice Black,

announced by Mr. Justice Douglas.

Petitioner, a railroad fireman, was seriously injured when an engine in which he was riding jumped tjie track. Alleging that his injuries were due to respondent’s negligence, he brought this action for damages under the Federal Employers’ Liability Act, 35 Stat. 65, 45 U. S. C. § 51 et seq., in an Ohio court of common pleas. Respondent’s defenses were (1) a denial of negligence and (2) a written document signed by petitioner purporting to release respondent in full for $924.63. Petitioner admitted that he had signed several receipts for payments made him in connection witfijiis injuries but denied that he had made a full and complete settlement of all his claims. He alleged that the purported release was void because he had signed it relying on respondent’s deliberately false statement that the document was nothing more than a mere receipt for back wages.

After both parties had introduced considerable evidence the jury found in favor of petitioner and awarded him a $25,000 verdict. The trial judge later entered judgment notwithstanding the verdict. In doing so he reappraised the evidence as to fraud, found that petitioner had been “guilty, of supine negligence” in failing to read the release, and accordingly held that the facts did not “sustain either in law or equity the allegations of fraud by clear, unequivocal and convincing evidence.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Whetzel v. Penn Central Corp.
Superior Court of Delaware, 2025
Andrews v. Norfolk Southern Railroad Corp.
2017 IL App (1st) 153007 (Appellate Court of Illinois, 2017)
Bobby McBee v. CSX Transportation, Inc.
Court of Appeals of Tennessee, 2017
Bean v. South Carolina Central Railroad
709 S.E.2d 99 (Court of Appeals of South Carolina, 2011)
Jacob v. HOME SAV. AND LOAN CO. OF YOUNGSTOWN
679 F. Supp. 2d 837 (N.D. Ohio, 2010)
Norfolk & Western Railway Co. v. Ayers
538 U.S. 135 (Supreme Court, 2003)
Union Pacific Railroad v. Williams
85 S.W.3d 162 (Texas Supreme Court, 2002)
Rockefeller v. Grabow
39 P.3d 577 (Idaho Supreme Court, 2001)
Lusby v. Burlington Northern & Santa Fe Railway Co.
149 F. Supp. 2d 905 (D. North Dakota, 2000)
Southfund Partners III v. Sears, Roebuck and Co.
57 F. Supp. 2d 1369 (N.D. Georgia, 1999)
Gess v. United States
909 F. Supp. 1426 (M.D. Alabama, 1995)
Soliman v. Digital Equipment Corp.
869 F. Supp. 65 (D. Massachusetts, 1994)
Quinn v. Walters
881 P.2d 795 (Oregon Supreme Court, 1994)
McMillan v. National Railroad Passenger Corp.
648 A.2d 428 (District of Columbia Court of Appeals, 1994)
Missouri Pacific Railroad v. Brown
862 S.W.2d 636 (Court of Appeals of Texas, 1993)
James E. Gottshall v. Consolidated Rail Corporation
988 F.2d 355 (Third Circuit, 1993)
Missouri Pacific Railroad v. Roberts
849 S.W.2d 367 (Court of Appeals of Texas, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
72 S. Ct. 312, 96 L. Ed. 398, 96 L. Ed. 2d 398, 342 U.S. 359, 1952 U.S. LEXIS 2462, 63 Ohio Law. Abs. 161, 47 Ohio Op. 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dice-v-akron-canton-youngstown-railroad-scotus-1952.