Rogers v. Union Pac. R.

This is an appeal from a judgment in favor of appellant for services rendered by the appellant to the appellee, Union Pacific Railroad Company, and to its predecessors, as pumper, engine watchman, and section hand. The appellant claims that the amount awarded him by the judgment is less than he claimed and was owed to him. In the main the facts are undisputed and the amount to which appellant is entitled depends upon the terms of the written contract under which the services were rendered. The case was tried without a jury, the right to which was waived by the parties.

On May 13, 1919, appellant was employed by the Director General of Railroads, United States Railroad Administration, on the lines of the Oregon-Washington Railroad & Navigation Company. On March 1, 1920, control of the railroad was returned to the company, and appellant continued in its employ through December 31, 1935. On January 1, 1936, appellee leased the properties and assumed the liabilities of the Oregon-Washington Company, and appellant remained employed by it until after January 15, 1937.

Some time before 1936 appellant joined the Brotherhood of Maintenance of Way Employees, with which his employers have,…