Johnson v. American Railway Express Co.

Upon consideration of the petition of the appellant in this cause, if is ordered that the opinion filed herein on April 1, 1931, be withdrawn; that the following opinion be substituted for the same; and that the petition for rehearing be dismissed.

This is an action by the plaintiff, formerly an employee as an express messenger, of the defendant company, for damages resulting as alleged, from his wrongful discharge. The ground of his complaint is that he was discharged without just cause or excuse, and in violation of the provisions of an agreement entered into between the company and the…