Legal Opinion

Dice v. Akron, Canton & Youngstown R. Co.

Ohio Supreme Court

Decided March 28, 1951No. 32414PublishedCited by 1 opinion

1Opinion of the Court

98 N.E.2d 301 (1951)

155 Ohio St. 185

DICE

v.

AKRON, CANTON & YOUNGSTOWN R. CO.

No. 32414.

Supreme Court of Ohio.

Decided March 28, 1951.

Wise, Roetzel, Maxon, Kelly & Andress, Akron, for appellant.

Gottwald, Hershey & Hatch, Akron, for appellee.

TAFT, Judge.

The question to be decided is: May a trial court ordinarily determine the issue as to whether an employee of a railroad was induced by fraud (other than fraud in the factum) or by mistake to execute a release of his claim arising under the Federal Employers' Liability Act?

In considering the validity of releases and other contracts, this court has…

2Cases cited23 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Garrett v. Moore-McCormack Co.Supreme Court of the United States · 1942
  3. Garrett v. Moore-Mccormack Co., Inc.Supreme Court of the United States · 1943
  4. Upton v. TribilcockSupreme Court of the United States · 1875
  5. Callen v. Pennsylvania RailroadSupreme Court of the United States · 1948

18 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Squire v. Wheeling & Lake Erie Ry. Co.Ohio Supreme Court · 1951

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