Tharp v. Louisville N. R. Co.

Opinion op the Court by

Clay, Commissioner

Affirming.

In this equitable action appellant seeks a mandatory injunction compelling defendant L. & N. Railroad Company to accord him seniority rights as a brakeman over eleven named defendant employees of the company. The Chancellor sustained general demurrers of all the defendants to appellant’s petition as amended.

In substance appellant’s prolix pleadings allege the following facts: He was employed as a brakeman by defendant company prior to November 30, 1930; on that date, due to a reduction of forces, his employment was terminated; he was…