Opinion

City Line Open Hearth, Inc. v. Hotel, Motel & Club Employees' Union

  • 413 Pa. 420
Court
Supreme Court of Pennsylvania
Filed
Jan 21, 1964
Status
Published
Author
Eagen
On the bench
Bell, Musmanno, Jones, Cohen, Eagen, O'Brien, Roberts
Cited by
20 cases
Authority
More cited than 7.3%

Distinguished

  • Distinguished by Lay v. International Brotherhood of Electrical Workers, Local No. 174, 427 Pa. 387 (1967)

    ” Weber v. Anheuser-Busch, Inc., 348 U.S. 468, 475 (1955); United Automobile Workers of America v. Wisconsin Employment Relations Board, 351 U.S. 266 (1956); Youngdahl v. Rainfair, Inc., 355 U.S. 131 (1957); City Line, supra. This exception is clearly inapplicable here.
    Supreme Court of PennsylvaniaNov 14, 1967Read it

The opinion

Dissenting Opinion by

Me. Justice Eagen:

The able and scholarly majority opinion correctly states the- law. That a clarification in this difficult field was urgently needed is clearly indicated by the numerous cases .presented to this Court in recent months, which patently manifest existing confusion in the minds of the-bench and bar on the jurisdictional question involved. ...A reading of the record of the present proceeding in the court below proves the point beyond argument.

However, after very careful consideration, I cannot join in the majority opinion because I believe the record does, not support the facts . recited therein. The testimony does not establish that the serious acts of violence complained of were committed by the defendants. Their guilt cannot be assumed because of suspicious circumstances. The only acts, which the evidence connects with the defendants, are of a very trivial nature. The right to an injunction must be clearly established. It should not issue on the basis of guess or conjecture. See, Terrizzi Bev. Co. v. Local Union No. 830, 408 Pa. 380 , 184 A. 2d 243 (1962).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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