DICE v. AKRON, CANTON & YOUNGSTOWN R. CO.

No. 32414.

98 N.E.2d 301 (1951)

155 Ohio St. 185

DICE v. AKRON, CANTON & YOUNGSTOWN R. CO.

Supreme Court of Ohio.

Decided March 28, 1951.


Attorney(s) appearing for the Case

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 often called attention to the difference between fraud...

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