RUSSELL v. OGDEN UNION RY. & DEPOT CO.

No. 7647.

122 Utah 107 (1952)

247 P.2d 257

RUSSELL v. OGDEN UNION RY. & DEPOT CO.

Supreme Court of Utah.

Decided August 6, 1952.


Attorney(s) appearing for the Case

Bryan P. Leverich, M.J. Bronson, A.U. Miner, Howard F. Coray, D.A. Alsup, all of Salt Lake City, for appellant.

Howell, Stine & Olmstead, Ogden, Clyde C. Patterson, Ogden, for respondent.


McDONOUGH, Justice.

Defendant appeals from a judgment awarding plaintiff substantial damages for an alleged arbitrary and wrongful discharge. Plaintiff, respondent here, was employed as a switchman by the defendant. The employment relationship was covered by a collective bargaining agreement between the defendant and the Brotherhood of Railway Trainmen. Article VIII, Rule 38, of this agreement provided:

"38. Investigations: No yardman will be suspended or...

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