Burley v. Elgin, J. & E. Ry. Co., No. 8249.

CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)
Writing for the CourtMAJOR, KERNER, and MINTON, Circuit
Citation140 F.2d 488
PartiesBURLEY et al. v. ELGIN, J. & E. RY. CO.
Decision Date14 March 1944
Docket NumberNo. 8249.

140 F.2d 488 (1943)

BURLEY et al.
v.
ELGIN, J. & E. RY.
CO.

No. 8249.

Circuit Court of Appeals, Seventh Circuit.

November 10, 1943.

Rehearing Denied March 14, 1944.


140 F.2d 489

John H. Gately and Gerald J. Koptik, both of Chicago, Ill., for appellants.

Paul R. Conaghan, of Chicago, Ill., for appellee.

Before MAJOR, KERNER, and MINTON, Circuit Judges.

MINTON, Circuit Judge.

Prior to July 24, 1934, the plaintiffs-appellants were employed as switching crews in the yards of the Standard Oil Company at Whiting, Indiana. The defendant-appellee took over the operations in the yards and employed the plaintiffs as switching crews.

The complaint alleges that the plaintiffs were members of the Brotherhood of Railroad Trainmen, and that the defendant and the plaintiffs agreed that as to rates of pay, hours, and working conditions, the parties should be governed by a schedule or agreement then in force between the defendant and its employees, which had been negotiated by the Brotherhood of Railroad Trainmen as a representative of the switching crews of the defendant. It was alleged that Article 6 of the schedule or agreement provided that the switch engines should start from a certain place at a certain time; that this Article 6 was by agreement of the plaintiffs and the defendant suspended for the first thirty days of the employment of the plaintiffs by the defendant, and that after the expiration of the said thirty-day period and until November 14, 1938, the defendant violated said Article 6; that for the defendant's failure to observe Article 6, it became liable, under the terms of the agreement and in accordance with the established practice among railroads, to pay the plaintiffs as damages for each day's violation an additional day's pay at time and one-half. The sufficiency of this complaint was raised by a motion to dismiss.

140 F.2d 490

We think the complaint states prima facie a cause of action. It is alleged that it is the duty of the defendant to observe Article 6 of the employment schedule or agreement, and that the defendant has violated Article 6, and by reason of such violation, the plaintiffs are entitled to damages; and that the amount of the damages is fixed "in accordance with the established practice among railroads and employees thereof, and as provided in said Article 6 of said agreement as aforesaid." Article 6 is set forth in the complaint and contains no provision for damages in the event of its violation, or the measure...

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11 practice notes
  • Elgin Ry Co v. Burley, No. 160
    • United States
    • United States Supreme Court
    • June 11, 1945
    ...within the union's power to seek and the Board's to make, precluding judicial review.3 The Court of Appeals reversed the judgment, 7 Cir., 140 F.2d 488, 490, holding that the record presented a question of fact Page 713 whether the union had been authorized by respondents 'to negotiate, com......
  • Brownson v. New, No. 12485
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • March 25, 1953
    ...issue of fact exists. Rule 166-A(e); Anderson v. United States, 1 Cir., 182 F.2d 296; Burley v. Elgin, Joliet & Eastern Ry. Co., 7 Cir., 140 F.2d 488, affirmed 325 U.S. 711, 65 S.Ct. 1282, 89 L.Ed. 1886, Id., 327 U.S. 661, 66 S.Ct. 721, 90 L.Ed. 928; McDonald, Summary Judgments, 30 Tex.Law ......
  • Chesapeake & O. Ry. Co. v. U.S., No. 75-2110
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 22, 1977
    ...would discover." The language of a regulation should be considered as intended to guide and not to entrap those who are governed by it. 140 F.2d at 488. Cf. Pacific Gas and Electric Co. v. Federal Power Commission, 164 U.S.App.D.C. 371, 378, 506 F.2d 33, 40 (1974) ("(A) policy judgment expr......
  • Sadwith v. Lantry
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • July 11, 1963
    ...of law as to whether the party should have judgment in accordance with the motion for summary judgment." Elgin J. & E. Ry. Co. v. Burley, 140 F.2d 488, 490 (7th Cir. 1943), aff'd 325 U.S. 711, 719, 65 S.Ct. 1282, 1287-1288, 89 L.Ed. 1886 (1945), adhered to on rehearing, 327 U.S. 661, 66 S.C......
  • Request a trial to view additional results
11 cases
  • Elgin Ry Co v. Burley, No. 160
    • United States
    • United States Supreme Court
    • June 11, 1945
    ...within the union's power to seek and the Board's to make, precluding judicial review.3 The Court of Appeals reversed the judgment, 7 Cir., 140 F.2d 488, 490, holding that the record presented a question of fact Page 713 whether the union had been authorized by respondents 'to negotiate, com......
  • Brownson v. New, No. 12485
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • March 25, 1953
    ...issue of fact exists. Rule 166-A(e); Anderson v. United States, 1 Cir., 182 F.2d 296; Burley v. Elgin, Joliet & Eastern Ry. Co., 7 Cir., 140 F.2d 488, affirmed 325 U.S. 711, 65 S.Ct. 1282, 89 L.Ed. 1886, Id., 327 U.S. 661, 66 S.Ct. 721, 90 L.Ed. 928; McDonald, Summary Judgments, 30 Tex.Law ......
  • Chesapeake & O. Ry. Co. v. U.S., No. 75-2110
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 22, 1977
    ...would discover." The language of a regulation should be considered as intended to guide and not to entrap those who are governed by it. 140 F.2d at 488. Cf. Pacific Gas and Electric Co. v. Federal Power Commission, 164 U.S.App.D.C. 371, 378, 506 F.2d 33, 40 (1974) ("(A) policy judgment expr......
  • Sadwith v. Lantry
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • July 11, 1963
    ...of law as to whether the party should have judgment in accordance with the motion for summary judgment." Elgin J. & E. Ry. Co. v. Burley, 140 F.2d 488, 490 (7th Cir. 1943), aff'd 325 U.S. 711, 719, 65 S.Ct. 1282, 1287-1288, 89 L.Ed. 1886 (1945), adhered to on rehearing, 327 U.S. 661, 66 S.C......
  • Request a trial to view additional results

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