New York Lumber Trade Ass'n v. Lacey
| Decision Date | 10 December 1935 |
| Citation | 269 N.Y. 595,199 N.E. 688 |
| Parties | The NEW YORK LUMBER TRADE ASSOCIATION et al., Appellants, v. Martin LACEY, Individually and as President of the Transportation Trades Council of the Port of New York and Vicinity et al., Respondents, Impleaded with Others. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from a judgment, entered August 26, 1935, upon an order of the Appellate Division of the Supreme Court in the Second Judicial Department (245 App.Div. 262, 281 N.Y.S. 647), which reversed on the law a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term (see 154 Misc.Rep. 747, 277 N.Y.S. 519), and directed a dismissal of the complaint. The action was to restrain an alleged conspiracy between two classes of defendants to discriminate against the individual plaintiffs and others, with respect to the furnishing of shipping accommodations or facilities, by the adoption of a rule, course of conduct or practice whereby the defendant common carriers would not receive for shipment any merchandise delivered by nonunion teamsters, in alleged violation of certain federal and state statutes. The plaintiffs were individual shippers and an association, known as the New York Lumber Trade Association, composing a large number of shippers, all engaged in manufacturing and distributing merchandise and dependent in part upon the flow of interstate and foreign commerce in and out of the Port of New York. The two classes of defendants were (1) common carriers, and (2) labor unions and members thereof. The defendant carriers claimed that they would be willing to accept and deliver freight, regardless of the manner of delivery, were it not for the fear that their employees, longshoremen, and checkers, who were members of the defendant longshoremen's union, would strike if compelled or ordered to do so by the defendant labor unions. The relief prayed for and granted at Special Term was an injunction directing the carrier defendants to accept and ship all merchandise irrespective of the manner of its delivery with respect to union or nonunion teamsters, and ordering such of the labor union defendants as were employees of the carriers to handle nonunion freight, and ordering all the labor-union defendants to desist from interfering with the carriers in receiving and shipping nonunion freight. The Appellate Division, in dismissing the complaint, made the following conclusions of law: ...
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