Whitaker v. Boston & Maine Railroad

The defendant’s demurrer to the amended bill of complaint asserting wrongful reduction of rank on an employment roster on April 9,1949, and seeking replacement and damages, was properly sustained.

The suit was begun February 5,1958. The amended bill alleges that, in violation of his employment contract and *685pursuant to a ruling of the National Railroad Adjustment Board,1 after a hearing of which the plaintiff had no notice and at which he was not represented, the defendant placed him at the bottom of the conductors’ roster. It alleges also that the plaintiff “diligently urged” the defendant “to…