Maynard v. Durham & Southern Railway Co.

Petitioner, an employee of respondent, sued in a North Carolina court for damages under the Federal Employers' Liability Act, 45 U. S. C. § 51. As a defense, respondent tendered a release signed by petitioner and moved for a nonsuit. The motion was allowed after all the evidence was in, and the Supreme Court of North Carolina *161affirmed, one judge dissenting. 251 N. C. 783, 112 S. E. 2d 249.

We said in Dice v. Akron, C. & Y. R. Co., 342 U. S. 359, 361, that the “validity of releases under the Federal Employers’ Liability Act raises a federal question to be determined by federal rather than state…