Jensen v. Cooks' & Waiters' Union of Seattle
Jensen v. Cooks' & Waiters' Union of Seattle
Opinion of the Court
This is a suit brought by the respondent against the Cooks’ and Waiters’ Union of Seattle, and certain individual defendants, to enjoin them from unlawfully interfering with and injuring the respondent’s business. A general demurrer was interposed to the complaint, which the trial court overruled, whereupon the defendants refused to plead further, and judgment was entered against them according to the prayer of the complaint. The ultimate question on this appeál therefore is, does the complaint state facts sufficient to constitute a cause of action?
The respondent in his complaint alleges that he is a resident and citizen of the city of Seattle, and was, at that time; and for three years last past had been, the proprietor of, and running, in the city, that certain cafe known as the “Bismarck”; that, prior to the interference therein of the defendants, the cafe had been doing a very large business; it affording a seating capacity for 550 people, and was patronized daily by from 2,000 to 3,000 persons; that he had in his employ, as floor manager for his cafe, one Nuehl, who was a competent man for such position, and whose work therein was satisfactory to the respondent, and that said Kuehl was not a member of the appellant ■ Union; that,
In discussing the questions suggested by the record, the arguments of counsel have taken a wide range, and elaborate briefs have been filed, in which numerous authorities are collated. The vital question at issue, however, it seems to ns, is a simple one and easy of solution. Clearly, the acts of the appellants and defendants, as set forth in the complaint, are illegal and may he restrained by an injunction. It is true that a man, not under contract obligations to the contrary, has the right to quit the service of another at any time he sees fit, and may lawfully state, either publicly or privately, the grievances felt by him which gave rise to his conduct. And that right which one man may exercise singly, many may lawfully agree,, by voluntary association, to exercise jointly. But one man singly, nor any number of men jointly, having no legitimate interests to protect, may not ruin the business of another by maliciously inducing his patrons and other persons not to
The judgment appealed from is affirmed.
Reference
- Full Case Name
- William Jensen v. The Cooks' and Waiters' Union of Seattle
- Cited By
- 32 cases
- Status
- Published
- Syllabus
- Injunction — Boycott — Maintaining Pickets — Action to Restrain— Pleading — Complaint■—'Sufficiency. A complaint in an' action to enjoin the picketing or boycott of a nonunion place of business states a cause of action, where it alleges that, upon failing to discharge a nonunion employee, the defendants, composing a union, ordered and maintained a strike against the plaintiff, and in pursuance thereof congregated about his place of business in great numbers, and maintained pickets informing his patrons that it was a scab and unfair place and attempting to dissuade persons from entering therein, etc., thereby affecting his trade; since such acts amount to an invasion of the plaintiff’s lawful rights, and are properly restrained by injunction.