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Rossi v. Waiters', c., Union Local No. 508

Court of Errors and Appeals
Sep 16, 1938
1 A.2d 421 (N.J. 1938)

Opinion

Argued May 20th and 23d 1938.

Decided September 16th, 1938.

The vice-chancellor held that the proofs adduced by the complainant failed to sustain the allegations that the strike in question was for an unlawful purpose and that it had been terminated. Held, injunction restraining certain picketing by the defendant union, its officers, members, c., in front of complainant's premises, properly denied.

On appeal from the court of chancery.

Mr. John B. Baratta, for the complainant-appellant.

Mr. John Rauffenbart ( Mr. Morris Bloom, of counsel), for the defendants-respondents.


This is an appeal from a decree of the court of chancery, advised by Vice-Chancellor Sooy, denying the prayer of the complainant's bill for an injunction restraining certain picketing by the defendant union, its officers, members, c., in front of complainant's premises in Atlantic City.

Complainant-appellant submits her argument for reversal under two main points.

The first point is that the strike was for an unlawful purpose, namely, to make the complainant's restaurant a "closed shop," which was part of a general scheme to force the closed shop upon the restaurant business throughout the entire city of Atlantic City and thereby to create a monopoly of the labor market in this particular trade.

The second point is that the strike was terminated.

The learned vice-chancellor held that the proofs adduced by the complainant failed to sustain the allegations of the bill of complaint.

We have examined the proofs and the law submitted by counsel for the respective parties and are of the opinion that the vice-chancellor was justified in his findings of the essential facts and correct in his application of the law to the facts so found.

The decree is therefore affirmed.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CASE, DONGES, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 14.

For reversal — None.


Summaries of

Rossi v. Waiters', c., Union Local No. 508

Court of Errors and Appeals
Sep 16, 1938
1 A.2d 421 (N.J. 1938)
Case details for

Rossi v. Waiters', c., Union Local No. 508

Case Details

Full title:ISABELLE ROSSI, trading as LIDO VILLAGE, complainant-appellant, v…

Court:Court of Errors and Appeals

Date published: Sep 16, 1938

Citations

1 A.2d 421 (N.J. 1938)
1 A.2d 421