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MAYNARD v. DURHAM & S. R. CO.

No. 183.

365 U.S. 160 (1961)

MAYNARD v. DURHAM & SOUTHERN RAILWAY CO.

Supreme Court of United States.

Decided February 20, 1961.

Attorney(s) appearing for the Case

Charles F. Blanchard argued the cause for petitioner. With him on the brief were William T. Hatch and William Joslin.

Charles B. Nye argued the cause for respondent. With him on the brief was Clem B. Holding.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

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 affirmed, one judge dissenting.

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