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Dice v. Akron, Canton & Youngstown Railroad Co. | 342 U.S. 359 (1952)
If a plaintiff brings a federal claim in state court, does federal or state law apply in determining whether the plaintiff has validly given up his or her rights? To answer this question, torts law makes yet another stop at the old railroad in Dice versus Akron, Canton & Youngstown Railroad Co.
Dice, a railroad fireman, was seriously injured when the train he was riding in jumped the track.
Dice sued Akron, Canton & Youngstown Railroad Co. in Ohio state court for negligence under the Federal Employers’ Liability Act. The railroad defended itself by claiming that Dice had signed a release of all of his claims, but Dice argued that the railroad told him that the release he signed was a receipt for backpay. A jury ruled in Dice’s favor, but the trial judge entered judgment notwithstanding the verdict because he believed that Dice was guilty of negligence for failing to read the release he signed. Dice appealed to the Ohio Court of Appeals, who reversed, ruling that the trial court jury’s verdict could not be overruled under federal law, and that federal law applied to Dice’s federal claim. The railroad appealed to the Ohio Supreme Court, which reversed and held that Ohio law controlled the case and under Ohio law issues as to fraud were properly determined by the judge instead of the jury. The United States Supreme Court granted cert.
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