Badger Brass Mfg. Co. v. Daly

• Decision Date: 26 January 1909
• Citation: 137 Wis. 601,119 N.W. 328
• Parties: BADGER BRASS MFG. CO. v. DALY ET AL.
• Court: Wisconsin Supreme Court

137 Wis. 601

119 N.W. 328

BADGER BRASS MFG. CO.

v.DALY ET AL.

Supreme Court of Wisconsin.

Jan. 26, 1909.

Appeal from Circuit Court, Kenosha County; E. B. Belden, Judge.

Suit by the Badger Brass Manufacturing Company against John Daly and others. From an order limiting the examination of plaintiff's officers before issue joined at the instance of defendants under St. 1898, § 4096, as amended by Laws 1899, p. 39, c. 29, and Laws 1901, p. 328, c. 244, defendants appeal. Affirmed.

Among other references upon the part of the appellants were the following: Walker v. Backus H. Co., 97 Wis. 160, 72 N. W. 230;Valley I. Mfg. Co. v. Goodrick, 103 Wis. 436, 78 N. W. 1096;Chain B. Co. v. Von Spreckelsen, 117 Wis. 106, 94 N. W. 78;Milwaukee v. Gimbel Bros., 130 Wis. 31, 110 N. W. 7;State v. Baetz, 86 Wis. 29, 56 N. W. 329;Schmidt v. Menasha W. W. Co., 92 Wis. 529, 66 N. W. 695;Ellinger v. Equitable L. A. S., 125 Wis. 643, 104 N. W. 811.

Among other references upon the part of the respondent were the following: Cleveland v. Burnham, 60 Wis. 16, 17 N. W. 126, 18 N. W. 190;Tiede v. Schneidt, 99 Wis. 201, 74 N. W. 798;Schoeffler v. Schwarting, 17 Wis. 30;Starks v. Redfield, 52 Wis. 349, 9 N. W. 168;Quayle v. Bayfield County, 114 Wis. 108, 89 N. W. 892;Hawarden v. Youghiogheny, etc., Co., 111 Wis. 545, 87 N. W. 472, 55 L. R. A. 828.John C. Slater (Rubin & Zabel, of counsel), for appellants.

Cavanagh & Barnes, for respondent.

TIMLIN, J.

The complaint in this action averred the corporate character of the plaintiff, the nature of its business, its ownership and possession of real estate constituting its factory plant, and the value thereof, and the number of men employed by it when running at its full capacity. It then averred the existence of a voluntary association called the “Metal Polishers, Buffers, Platers, Brass Moulders, Brass and Silver Workers' Union of North America,” composed of many thousand members of workmen in the lines indicated and operating through a central organization and district and subordinate organizations called lodges, some of the latter being in the city of Kenosha where the plaintiff's plant was located, and that the membership of such association was so numerous as to make it impracticable to cause all members to be parties to this action. Some of the defendants were formerly employed by the plaintiff, but were not so employed at the commencement of the action. It is then averred: “That all of the defendants named in the title of this complaint have conspired, combined, and confederated together and with each other, and with many hundred other persons who are unknown to this plaintiff, to maliciously injure this plaintiff, and to cripple, injure, and destroy its said business, and that all of the members of the said Metal Polishers, etc., Union of North America have combined, conspired, and confederated together and with many other persons unknown to this plaintiff, through the machinery of the said association and its said locals, and otherwise, to injure, cripple, impede, and obstruct the business of this plaintiff, for the purpose of maliciously compelling this plaintiff to do and perform many acts against its will, as hereinafter more particularly set out, and to maliciously prevent and hinder this plaintiff from doing and performing lawful acts--that is to say, operating its factory according to the wish and judgment of this plaintiff and its officers in a lawful way; that the said defendants have so conspired, confederated, and combined, and are now conspiring and undertaking and concerting together, and with many other persons within and without said city, through said association its said local and otherwise (a) to compel this plaintiff against its will and their will, to pay, etc., (b) to compel this plaintiff, etc., (c) to prevent this plaintiff, etc., (d) to prevent this plaintiff, etc., (e) to prevent this plaintiff, etc., (f) to prevent this plaintiff, etc., (g) to drive away by intimidation and threats such of the workmen of this plaintiff as are susceptible of intimidation and to entice away others, and to induce, by intimidation or other improper and unlawful methods, customers of this plaintiff to abandon this plaintiff and place their trade elsewhere, (h) to persuade, etc.”

The allegations of conspiracy for each of the separate purposes aforesaid are reiterated, and the pleader proceeds: “And this plaintiff shows that, in furtherance of the said conspiracy, the said defendants have stationed and now keep upon the streets and places in front of and adjoining and adjacent to the said factory of this plaintiff many of their number, who are called by the said defendants ‘pickets,’ and keep said pickets to the varying number of from three to forty constantly during the day upon the said streets in the said locality, and in view of the entrance of the said premises of this plaintiff, and at the railroad depots and electric car station and stopping places in said city of Kenosha, and cause the said pickets constantly to loiter about the premises of this plaintiff and patrol the streets in front of and about said premises, and about said depot, stations, and stopping places, in squads and crowds, and to threaten violence to workmen employed or seeking employment in the said plant of this plaintiff, or coming thereto in search of such employment, that the said pickets are constantly about and in the neighborhood of the said premises, and that every time that any workman leaves or approaches the said premises, or that any workman endeavors to approach said premises, or comes thereto for the purpose of seeking employment from this plaintiff, said pickets, by the use of violence. threats of violence, intimidation and abusive language, attempt, and endeavor to seduce or drive away said workmen and applicants from such employment, and stop such workmen and by physical force compel them to listen to the arguments and persuasions or threats and slanderous words of said pickets. * * * The plaintiff further alleges that the said defendants by themselves and their co-conspirators have on several occasions, assaulted, beaten, bruised, and otherwise maltreated the employés of this plaintiff, and more especially on the 21st day of November, 1907, in furtherance of said conspiracy and for the purpose of preventing said employés from remaining in the employment of this plaintiff, and for the purpose of carrying out the said conspiracy and for the purpose of preventing this plaintiff from operating its said factory and business.”

It is then averred that defendants by themselves and through said pickets who are members of the said association have on many occasions driven away men from the employment of the plaintiff, and that they are constantly...