Legal Opinion

Cleary v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided December 24, 1920No. 21,894PublishedCited by 3 opinions

Action in the district court for Hennepin county to recover $15,000 for malicious discharge of plaintiff from defendant’s employment.

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Action in the district court for Hennepin county to recover $15,000 for malicious discharge of plaintiff from defendant’s employment. The answer alleged the discharge of plaintiff was made for the reason that he was incompetent and unable to handle the work assigned to him and the men under his charge, and was not made because of any malice or ill will; denied that the unescapable effect of the clearance by the Great Northern Railway upon his discharge was to raise a complete barrier to the resumption of work by him' anywhere or for any railway company, as alleged in the complaint. The case…

1Opinion of the CourtHolt, J.

Plaintiff had been in defendant’s employ for several years attending in various capacities to the upkeep of its tracks and roadbeds, when, in. 1911, he resigned. He got from defendant a certificate, in railroad parlance called a clearance, stating that his services had been satisfactory. He then worked for another railroad company until in September, 1913, when he again entered defendant’s employ, becoming assistant roadmaster of its Superior & Mesaba division, which position he held till discharged on April 12, 1916. Defendant has 'an employment bureau which keeps records of its employees,…

2Cases cited6 opinions

  1. Bacon v. Michigan Central RailroadMichigan Supreme Court · 1887
  2. Joyce v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
  3. Hundley v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1898
  4. State ex rel. Scheffer v. JustusSupreme Court of Minnesota · 1902
  5. Willis v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1904

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Richardson v. Texas & N. O. Ry. Co.Court of Appeals of Texas · 1934
  2. Frankson v. Design Space InternationalCourt of Appeals of Minnesota · 1986
  3. Frankson v. Design Space InternationalCourt of Appeals of Minnesota · 1986

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