JOSEPH v. PENNSYLVANIA R. R. CO.


16 A.D.2d 332 (1962)

Edward M. Joseph, Respondent, v. Pennsylvania Railroad Company, Appellant

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

May 17, 1962.


Attorney(s) appearing for the Case

David J. Mountan, Jr., of counsel (Conboy, Hewitt, O'Brien & Boardman, attorneys), for appellant.

David M. Schlossberg for respondent.

McNALLY, EAGER and STEUER, JJ., concur in Per Curiam opinion; RABIN, J. P., and STEVENS, J., dissent in opinion.


Per Curiam.

Plaintiff was for 32 years in the employ of defendant as a redcap porter in Pennsylvania Station. His relationship with defendant is governed by a contract between defendant and United Transport Service Employees of America, a union to which plaintiff belonged. Absent this contract, plaintiff would be an employee at will and dischargeable at any time.

There were several successive contracts between...

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