Legal Opinion

Austin v. Southern Pacific Co.

California Court of Appeal

Decided March 3, 1942No. Civ. 11882PublishedCited by 9 opinions

1Opinion of the Court

GOODELL, J. pro tem.

This appeal was taken from a judgment for respondents after the demurrer of each of them to the third amended complaint had been sustained without leave to amend.

It appears from said complaint that appellant was employed by respondent railroad in January, 1911, as a chef and had worked continuously as a cook for the same employer ever since; that in June, 1933, he was reduced in rank from chef to second cook and was never restored to his former rating; that his seniority entitled him to chef’s rating, and that others, junior in service, had been advanced over him and given…

2Cases cited4 opinions

  1. Truax v. RaichSupreme Court of the United States · 1915
  2. Moore v. Illinois Central RailroadSupreme Court of the United States · 1941
  3. Capra v. Local Lodge No. 273Supreme Court of Colorado · 1938
  4. Battle v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1909

3Cited by9 opinions

  1. Hepp v. Lockheed-California Co.California Court of Appeal · 1978
  2. Reynolds v. Denver & Rio Grande Western R. Co.Court of Appeals for the Tenth Circuit · 1949
  3. Hudson v. ATLANTIC COAST LINE RAILROAD COMPANYSupreme Court of North Carolina · 1955
  4. Ramsey v. Chesapeake & OR Co.District Court, N.D. Ohio · 1948
  5. Burke v. Union Pac. R.Court of Appeals for the Tenth Circuit · 1942

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