Alcorn v. Missouri-Kansas-Texas R.

REEVES, Chief Judge.

To rule intelligently on the above motion requires a brief statement of the facts. The plaintiff was employed by the defendant on February 1, 1918 as a locomotive fireman. Such employment was based upon a written application for such employment and the usual written agreement between the Brotherhood of Locomotive Firemen and Enginemen.

This means, of course, that the plaintiff was a member of the Union. Thereafter, because of slack business, the plaintiff was “furloughed” or laid off because of the economic necessity to reduce the number of locomotive firemen. This was done…