State Ex Rel. Brotherhood of Locomotive Firemen & Enginemen v. Shain

This is a certiorari proceeding to quash the record and opinion of the Kansas City Court of Appeals in Roberson v. Brotherhood of Locomotive Firemen and Enginemen, 114 S.W.2d 136. [1] We are concerned only with whether or not the opinion of the Court of Appeals is in conflict with the last controlling decision of this court on the points ruled. [State ex rel. Mo. Mut. Assn. v. Allen et al., 336 Mo. 352, 78 S.W.2d 862, and cases there cited.] As to the facts we are limited to such as appear in the opinion. [State ex rel. Superior Mineral Co. v. Hostetter, 337 Mo. 718,85 S.W.2d 743.] However,…