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Descrizione dell’editore

Sophie and Harry Ciletti were injured when the defendants railroad train, in which they were riding as passengers, was derailed on January 30, 1948. Immediately after the accident the Cilettis were removed to a hospital at Ogallala, Nebraska, and later to Doctors Hospital in Omaha where they remained until March 17, 1948. All the expenses of hospitalization were paid by the railroad and the Cilettis executed general releases to the defendant on March 8, 1948 as part of a settlement of their claims for which the defendant conceded its liability, and received in return the sum of $6,500 which was allocated $1,500 to Sophie Ciletti and $5,000 to Harry Ciletti.After being discharged from the hospital, the Cilettis returned to their place of residence in New York and thereafter, on May 21, 1948, instituted the present action in the New York State Court against the defendant seeking damages sustained as a result of the train wreck. The complaint contained allegations that the releases were based on a mutual mistake of fact as to the true nature and extent of the plaintiffs injuries or were procured by fraud and overreaching on the part of the defendants agents. The suit was removed to the federal court at the request of the defendant on the ground of diversity of citizenship between the parties.

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