(Download) "Donald A. Hellisen v. Knaus Truck Lines" by Supreme Court of North Dakota # Book PDF Kindle ePub Free
eBook details
- Title: Donald A. Hellisen v. Knaus Truck Lines
- Author : Supreme Court of North Dakota
- Release Date : January 09, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
In this case the trial court sustained a motion to dismiss, and dismissed plaintiffs first amended petition with prejudice. The suit is one for libel. We have jurisdiction because the prayer of the petition is for $30,000. The petition alleged: that plaintiff was employed by defendant as an over-the-road truck driver, and that he was a member of Local 41 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (which we shall hereafter refer to as Teamsters); that the contract setting forth the "terms and conditions" of plaintiffs employment contained in Article X the following: "The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Union affected, except that no warning notice need be given to an employee before he is discharged if the cause of such discharge is dishonesty or drunkenness, or recklessness resulting in serious accident while on duty, or the carrying of unauthorized passengers. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warning notice. Discharge must be by proper written notice to the employee and the Union affected." Plaintiff then alleged that on June 28, 1960, one F. E. Crowder, defendants agent, acting within the scope of his agency, willfully, wrongfully and maliciously published concerning plaintiff the following letter, alleged to be false, defamatory and libelous:
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