McConville

McConville v. Milk Wagon Drivers' Union, Local No. 226

Good Law
106 Cal. App. 696·1930 Cal. App. LEXIS 671·289 P. 852
Court of Appeal of CaliforniaJune 27, 1930Docket No. 7008.California1,471 words

Opinion

Lead Opinion

This is an appeal by plaintiff from a judgment of dismissal entered after a motion for nonsuit was granted in an action for damages brought by plaintiff against the Milk Wagon Drivers’ Union, its business agent and its secretary-treasurer, for the alleged illegal suspension of plaintiff from the membership of said union for a period of ninety days for having violated the laws of the union prohibiting its members from soliciting trade from each other’s milk routes.

As pointed out in the ease of Ott v. Tailors’ P. & B. Union, 75 Cal. 308 [ 7 Am. St. Rep. 156 , 17 Pac. 217, 219 ], the general rule is that in the matter of administering disciplinary measures an organization such as the one here involved “acts in a quasi-judicial character and so far as it confines itself to the exercise of the powers vested in it, and in good faith pursues the methods prescribed by its laws, such laws not being in violation of the laws of the land or any inalienable right of the member, its sentence is conclusive, like that of a judicial tribunal (Commonwealth v. Pike Benevolent Soc., 8 Watts & S. (Pa.) 250; Burt v. Grand Lodge, F. & A. M., 44 Mich. 208 ; Robinson v. Yates City Lodge, 86 Ill. 598 )”;…

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