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

> Supreme Court of Pennsylvania · January 21, 1964 · 413 Pa. 420

URL: https://www.frixlaw.com/law-library/cases/9643389

## Case

- **Full name:** City Line Open Hearth, Inc. v. Hotel, Motel & Club Employees’ Union, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** January 21, 1964
- **Citations:** 413 Pa. 420
- **Precedential status:** Published
- **Opinion:** Dissent by Eagen
- **Judges:** Bell, Musmanno, Jones, Cohen, Eagen, O'Brien, Roberts
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9643389

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9643389. Public record. Not legal advice.