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Maynard v. Durham & Southern Ry. Co., 365 U.S. 160 (1961)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Maynard v. Durham & Southern Ry. Co., 365 U.S. 160 (1961)
Maynard v. Durham & Southern Railway Co. No. 183 Argued January 12, 1961 Decided February 20, 1961 365 U.S. 160
CERTIORARI TO THE SUPREME COURT OF NORTH CAROLINA
Syllabus
An employee sued a railroad in a state court to recover damages under the Federal Employers’ Liability Act for an injury sustained in the course of his employment. As a defense, the railroad tendered a release signed by the employee, and the court granted a nonsuit after all the evidence was in. There was a conflict in the evidence as to what happened when the release was signed.
Held: the judgment is reversed. Pp. 160-163.
(a) The rule of Dice v. Akron, C. & Y. R. Co., 342 U.S. 359, that the validity of a release under the Federal Employers’ Liability Act is a federal question, applies where a release is challenged as not being supported by consideration as well as where the attack is made for fraud. P. 161.
(b) On the record, there was a genuine issue of fact concerning the presence of consideration for the release, and that issue should have been submitted to a jury. Pp. 161-163.
251 N.C. 783,112 S.E.2d 249, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Maynard v. Durham & Southern Ry. Co., 365 U.S. 160 (1961) in 365 U.S. 160 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=VMSBS9C45CFIGUM.
MLA: U.S. Supreme Court. "Syllabus." Maynard v. Durham & Southern Ry. Co., 365 U.S. 160 (1961), in 365 U.S. 160, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VMSBS9C45CFIGUM.
Harvard: U.S. Supreme Court, 'Syllabus' in Maynard v. Durham & Southern Ry. Co., 365 U.S. 160 (1961). cited in 1961, 365 U.S. 160. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=VMSBS9C45CFIGUM.
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