Root v. Anderson

• Citation: 207 S.W. 255
• Decision Date: 03 December 1918
• Docket Number: No. 15191.,15191.
• Parties: ROOT v. ANDERSON et al.
• Court: Court of Appeal of Missouri (US)

207 S.W. 255

ROOT v. ANDERSON et al.

No. 15191.

St. Louis Court of Appeals. Missouri.

December 3, 1918.

Appeal from St. Louis Circuit Court; Wilson A. Taylor, Judge.

"Not to be officially published."

Action by Frank L. Root against Roy Anderson and others. Demurrer to petition sustained, and judgment dismissing the suit, and plaintiff appeals. Affirmed.

Taylor R. Young and T. T. Hinde, both of St. Louis, for appellant.

Edward W. Foristel and Albert E. Hausman, both of St. Louis, for respondents.

ALLEN, J.

This is an action prosecuted against numerous defendants who are alleged to be members of certain labor organizations. The case is before us upon the second amended petition filed by plaintiff, which is as follows:

"Comes now the plaintiff, leave of court being first had and obtained, and files his second amended petition, and for cause of action states that he is now, and at all times hereinafter mentioned was, the owner and proprietor of a moving picture show known as the Eagle Theater, situated and located in the city of St. Louis, Mo., at 1719 South Broadway, and had always as such maintained a good reputation as a moving picture exhibitor, and that his said theater had always been freely patronized by the public at large residing in the city of St. Louis, Mo., as well as persons visiting in said city; that the defendants and others whose names and addresses plaintiff does not know are members of an organization known as the Moving Picture Machine Operators' Union, Local 143, I. A. T. S. E., and Central Trades and Labor Union, labor organizations with their headquarters at the city of St. Louis, both of which said union organizations are affiliated with the American Federation of Labor, a powerful labor organization.

"That on or about the 1st day of September, 1914, and ever since said date, the defendants and each of them, and said Moving Picture Machine Operators' Union, Local 143, 1. A. T. S. E., have circulated and distributed, or caused to be circulated and distributed, and still continue to circulate and distribute, publicly and privately, at and near the said Eagle Theater so operated by plaintiff as aforesaid, the following circulars, to wit:

"`Don't patronize the Eagle Theater, 1719 South Broadway. They have locked out their union operator for refusing to work below the union scale of wages. They have raised their hand against the working man. Tell your friends. Moving Picture Machine Operators' Union, Local 143, L. A. T. S. E., affiliated with the Central Trades and Labor Union and American Federation of Labor.'

"`Don't patronize the unfair Eagle Theater Locked out their union operator. Tell your friends. Stay away! Bleibt weg!'

"Plaintiff further states that the facts stated in said circular are false, defamatory, and scandalous, in that plaintiff did not lock out a union operator for refusing to work below the union scale of wages, and further that plaintiff did not raise his hand against the working man, and further that plaintiff did not lock out his union operator for refusing to work below the union scale of wages.

"Plaintiff further states that, in addition to the circulars and distribution of said, false and libelous circulars aforesaid, the defendants and each of them, conspiring together for the purpose of depriving plaintiff of his right to work in his own theater and for pure spite, and for no other purpose, willfully, maliciously, and wickedly caused, and still cause, pretended sympathizers of union labor to picket and stand near the entrance of plaintiff's said theater and urge upon customers of plaintiff and; other persons about to attend the plaintiff's theater to refrain from so doing, stating to said customers and intended customers of plaintiff that the plaintiff was employing scab labor, was and is unfair to union labor, and had locked out the union operator, and urged, and still urges, said customers and intended customers of plaintiff to refrain from going into said theater by reason thereof.

"Plaintiff states that said circulars have been printed and distributed among the public at large, and particularly among the customers of plaintiff in both the English and German languages by the defendants and each of them and at their instance and request, for the sole purpose of injuring the plaintiff's business, without right or authority so to do, and for no reason other than the plaintiff has insisted upon doing work and has operated his own picture machine in his own theater, as he has the right to do.

"Plaintiff further states that said written and spoken words of and concerning the plaintiff aforesaid and his said business were false, defamatory, and scandalous, as a direct result of the speaking and publishing of which said words the plaintiff's business has been seriously crippled, and he has lost over 150 customers who had theretofore been customers and accustomed to deal with plaintiff and to purchase tickets in order to observe the exhibition given by plaintiff as aforesaid, thereby depriving the plaintiff of said customers and of the profits and advantages which he otherwise would have derived from a continuance of such dealings.

"Plaintiff further states that the acts of the defendants and each of them aforesaid were malicious, and were by the defendants and each of them known to be malicious, wrongful, and wicked, by reason of all of which plaintiff has suffered actual damages in the sum of $1,200.

"Plaintiff further states that the acts of the defendants and each of them is a continuing wrong.

"Wherefore plaintiff prays judgment against the defendants and each of them in the sum of $1,200 actual damages, and inasmuch as the acts of the defendants and each of them are intentionally wrongful and wicked and malicious, plaintiff asks $3,000 exemplary damages or smart money, and for which aggregate sum of $4,200 plaintiff prays judgment against the defendants and each of them."

The defendants interposed a demurrer upon the...