W. P. Kennedy, as President of the Brotherhood of Railroad Trainmen, Etc. v. The Long Island Rail Road Company, Etc.

KAUFMAN, Circuit Judge.

The question presented to us on this appeal is the legality under the Railway Labor Act, 45 U.S.C. §§ 151 et seq., the Interstate Commerce Act, 49 U.S.C. § 5 (1), and the Sherman Act, 15 U.S.C. § 1, of the Service Interruption Policy or so-called strike insurance plan adopted by the railroad industry.

Chief Judge Ryan, in the court below, tried the issue of liability and reserved for jury consideration, should it prove necessary, the question of damages. With two lengthy depositions and an agreed statement of facts before him, Judge Ryan held that the industry’s strike…