Stroman v. Atchison, Topeka & Santa Fe Railway Co.

AGEE, J. Plaintiff appeals from an adverse judgment upon a nonjury trial of an action to recover damages for her alleged wrongful discharge from the employ of defendant (Santa Fe) in violation of a collective bargaining agreement.

On a prior trial of the same action, with a jury, the lower court directed a verdict against Santa Fe. The judgment for plaintiff which followed was reversed on appeal, the appellate court stating: “There was a clear conflict in the evidence and in the reasonable inferences therefrom, as to whether plaintiff was discharged by the Santa Fe, or whether she just voluntarily left the employ. This conflict should have [420]been resolved by the jury.” (Stroman v. Atchison, T. & S.F. Ry. Co., 161 Cal.App.2d 151, 164 [326 P.2d 155].)

Plaintiff was employed by Santa Fe from 1943 through March 7, 1949. She was covered by a collective bargaining agreement which provided in article IV thereof that an employee could not be dismissed without a formal investigation and hearing. There was never any such investigation or hearing.

The appellate court opinion stated the crux of the action as follows: “The question in the present case is whether or not there is a conflict in the evidence that should have been submitted to the jury on the issue of whether or not plaintiff was discharged in violation of the provisions of article IV [of the agreement]. We think that there was such a conflict.” (P. 161.)

The lower court on the retrial resolved this conflict in favor of Santa Fe and, in response to the issue as posed by the appellate court, made the following finding -. “Defendant did not at any time discharge plaintiff in violation of Article IV of the Collective Bargaining Agreement.” The finding on this issue is determinative of the case.

The evidence supporting such a finding is summarized by the appellate court in its opinion on the prior appeal. We have carefully examined the record in the instant appeal and find it to be substantially the same as the record in the prior appeal. Plaintiff does not contend to the contrary.

In Berry v. Maywood Mut. Water Co. No. One, 13 Cal.2d 185 [88 P.2d 705], there had been a reversal on a prior appeal of a judgment for plaintiff on the ground of error in an instruction. The appellate court in that opinion had said that the evidence was conflicting but was sufficient to support a verdict in favor of defendant if such had been returned. On the retrial, judgment was for the defendant. The Supreme Court said: “Upon the present appeal the plaintiff attacks the sufficiency of the evidence. He does not contend, however, that it differs from that introduced on the first trial. A decision on appeal that the evidence will support a judgment for a party becomes the law of the case, and is binding when the action comes before an appellate court on a second appeal on the same evidence.” (P. 186.)