United States Supreme Court
Hogue v. Southern Railroad Co.
Certiorari to the Court of Appeals of Georgia
No. 889. Argued: N/A --- Decided: April 1, 1968
Plaintiff under the Federal Employers' Liability Act who attacks a previously executed release on grounds of mutual mistake of fact is not required to tender back to his employer the consideration received for the release in order to maintain the action. Except as the release may otherwise bar recovery, the sum paid shall be deducted from any award determined to be due the injured employee.
116 Ga. App. 194, 156 S.E. 2d 412, reversed and remanded.
Samuel D. Hewlett, Jr., for petitioner.
Charles A. Horsky for respondent.
PER CURIAM.
Notes edit
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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