Egan v. St. Louis-S. F. Ry. Co.
| Decision Date | 17 May 1979 |
| Docket Number | No. 10439,LOUIS-SAN,10439 |
| Parties | John D. EGAN, Plaintiff-Appellant, v. ST.FRANCISCO RAILWAY CO., a corporation, Defendant-Respondent. |
| Court | Missouri Court of Appeals |
Edward V. Sweeney, Sweeney & Sweeney, Monett, for plaintiff-appellant.
C. Wallace Walter, F. Bennett Lilley, Jr., Kim W. Reeves, Mann, Walter, Burkart, Weathers & Warden, Springfield, for defendant-respondent.
Plaintiff sued defendant railroad for actual and punitive damages because, as he alleged, defendant wrongfully discharged plaintiff and thereafter fraudulently induced plaintiff to execute a written resignation from his employment as a car loading claims clerk. Defendant moved the court nisi to dismiss the petition on the ground that the National Railroad Adjustment Board per 45 USCS § 151 et seq., had exclusive jurisdiction to adjudicate plaintiff's averred grievances. The court obliged defendant and plaintiff appealed.
Because of plaintiff's evident infractions of Rule 84.04(d), V.A.M.R., which will be noted anon, we do not reach the merits vel non of the appeal. However, were the appeal to be otherwise considered, we believe that Andrews v. Louisville & Nashville R. Co., 406 U.S. 320, 92 S.Ct. 1562, 32 L.Ed.2d 95 (1972), would fully justify the trial court's dismissal of the petition.
The two points relied on by plaintiff read:
"I.
The jurisdiction of the National Railroad Adjustment Board is limited to matters, grievances and disputes between carriers and their employees.
Title 45, United States Code, Sections 151-188
II.
When plaintiff executed his resignation from defendant's employment, his employment contract terminated and his status as an employee ceased to exist, notwithstanding the fact that such resignation was brought about by defendant's wrongdoing. Thereafter, the National Railroad Adjustment Board had no jurisdiction over his case. He had no standing to pursue any administrative remedies, either personally or by a designated representative, and his only remaining remedy is the one which he seeks in this action at law.
35 Am.Jur., Sec. 26, pages 462, 463
53 Am.Jur.2d, Sec. 35 (sic), page 111".
Even assuming the correctness of the assertion made in plaintiff's first point relied on, it is obvious that, in total disregard of the mandates of Rule 84.04(d), V.A.M.R., the point amounts to nothing more than an abstract statement of law which does not undertake to relate itself to the trial court's action nor attempt to specify wherein and why the trial court erred in sustaining defendant's motion to dismiss the petition. Payne v. St. Louis Grain Corp., 562 S.W.2d 102, 104(1) (Mo.App.1977); Estate of DeGraff, 560 S.W.2d 342, 345(4) (Mo.App.1977); State ex rel. Churchill Truck Lines, Inc. v. Public Service Commission, 555 S.W.2d 328, 330(1) (Mo.App.1977); Cavaness v. Armstrong, 525 S.W.2d 446, 447(1) (Mo.App.1975).
As to plaintiff's second point relied on, and contrary to the requirements of Rule 84.04(d), V.A.M.R., which must be strictly applied (Glastris v. Union Elec. Co., 542 S.W.2d 65, 69(5) (Mo.App.1976); Associates Discount Corp. of Iowa v. Fitzwater, 518 S.W.2d 474, 477(2) (Mo.App.1974)), wherein and why the alleged wrongfully induced resignation terminated plaintiff's employment, abrogated the jurisdiction of the National Railroad Adjustment Board, deprived plaintiff of administrative remedies and relegated him to an action at law in the state court is left for us to ponder, guess and conjecture. The point preserves nothing for appellate review. Hall v. Hall, 506 S.W.2d 42, 44(1) (Mo.App.1974). Moreover, the citations appended to this point pertain to "Termination (of employment contracts) by Voluntary act of party." (Emphasis supplied). These citations do not comport with an unlawful or involuntarily induced termination of employment. Neither do they purport to apply to or support the other abstractions penned in the point. When a point in an appellant's brief is solely buttressed by authorities not germane, it is tantamount to a point presented naked of citations and preserves nothing for appellate...
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