STUCKEY v. ERIE R.R. CO.


13 A.D.2d 934 (1961)

Robert Stuckey, Respondent-Appellant, v. Erie Railroad Company, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 20, 1961


Judgment in favor of plaintiff upon a jury verdict, reversed on the law and on the facts and in the interests of justice, and a new trial ordered, with costs to defendant-appellant.

Plaintiff sought damages for wrongful discharge from employment. He had been employed as a checker by defendant and was a member of a union with whom defendant had a collective bargaining agreement. That agreement provided (rule 41) that employees could not be discharged without a proper...

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