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McDONALD v. CHICAGO, M., ST. P. & P. R. R.

38 Wis.2d 526 (1968)

McDONALD, Respondent, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Appellant. [Two appeals.]

Supreme Court of Wisconsin.

April 9, 1968.

Attorney(s) appearing for the Case

For the appellant there were briefs by Godfrey, Trump & Davidson, attorneys, and Richard R. Robinson of counsel, all of Milwaukee, and oral argument by Mr. Robinson.

For the respondent there was a brief by A. M. Frederickson, attorney, and Anthony J. Melo of counsel, both of Milwaukee, and oral argument by Mr. Melo.

WILKIE, J.

Three issues are raised on the railroad's appeal. They are:

1. Did the trial court have jurisdiction to hear the case?

2. Did the trial court err in striking the affirmative defense asserted by the railroad that McDonald had not exhausted the grievance procedure set forth in the labor contract?

3. Should the railroad be permitted to show nonexhaustion of this procedure by way of mitigating McDonald's damages?

Preliminary...

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