Safie Mfg. Co. v. Arnold
| Citation | 45 S.E.2d 577,228 N.C. 375 |
| Decision Date | 19 December 1947 |
| Docket Number | 607 |
| Parties | SAFIE MFG. CO. v. ARNOLD et al. |
| Court | United States State Supreme Court of North Carolina |
Appeal by Bessie Eubanks, Lessie Hinson, Agnes Odom, Isabelle Webster, Nettie Rusell, Elsie Stubbs, Helen Cash, Evelyn Russell Patrick, Ed James, Jr., Jim Bullard and Sidney Driggers, from Rousseau, J., at July Term 1947, of Richmond.
Civil action commenced April 22, 1947, to restrain and enjoin the then defendants from unlawful interference with employees and others entering plaintiff's textile manufacturing plant on the outskirts of the city of Rockingham, Richmond County North Carolina, to work therein, and to do business with plaintiff, heard upon petition to adjudge certain persons appellants hereinabove named, in contempt for deliberate and willful violation of orders of court.
The underlying factual situation, as shown by the record follows:
I. Plaintiff instituted this action on April 22, 1947, against 97 individual defendants, including Helen M. Cash and Lessie Hinson, who are now appellants, and filed complaint. In the complaint so filed plaintiff alleges, briefly stated, that it owns, and prior to April 16, 1947, operated a textile manufacturing plant on the outskirts of the city of Rockingham, Richmond County, North Carolina; that the defendants have conspired together and are conspiring together to prevent by unlawful means, as therein set forth plaintiff from operating its said plant; that employees of plaintiff desire to enter the plant and work therein, and other persons desire to enter the plant and do business with plaintiff, as theretofore; that since April 16, 1947, as such employees and such persons seek to enter the plant for such purposes, defendants gather in front of the gates, which constitute the only entrance to the plant, and 'there massing themselves solidly in the gates, they forcibly and continuously prevent any person from entering'; that 'repeatedly on such occasions since April 16, 1947, * * * employees of the plaintiff have sought to make their way through defendants thus gathered and massed at the aforesaid gates and have been violently pushed back and sometimes thrown to the ground by the defendants,--the defendants meantime shouting and declaring that they will by whatever force necessary, prevent any person whomsoever from working in the plaintiff's plant, until they, the defendants, see fit to permit otherwise'--all as is set forth in the affidavits attached to and made a part of the complaint; that likewise persons desiring to transact business with plaintiff, have been denied entrance to the plant by defendants,--'defendants at such times threatening such persons with violent injury if they persisted in their efforts to enter'; and that by reason of such unlawful acts of defendants, no person has been able, since April 16, 1947 to enter plaintiff's plant to work therein or to do business with plaintiff to its and their damage for which it and they have no adequate remedy at law. Thereupon 'plaintiff prays the court to restrain and enjoin defendants, and each of them, from continuing to commit any of the unlawful acts hereinabove described, and that notice to show cause issue.'
The defendants filed answer denying in general the allegations of the complaint, and averred matters in further defense.
After hearing on notice to show cause was issued to defendants, the court being of opinion that a temporary injunction and restraining order should forthwith issue, entered an order under date of May 2, 1947, in which it is 'ordered, adjudged and decreed that the defendants, and each of them, until the merits of this cause are determined and until this court orders otherwise, are hereby enjoined and restrained:
'From interfering in any manner with free ingress and egress to and from the plaintiff's premises.
'From assaulting, threatening, abusing or in any manner intimidating persons who work or seek to work in the plaintiff's plant.
'The things which the defendants are above enjoined and restrained from doing, they, and each of them, are likewise enjoined and restrained from aiding or procuring or causing to be done.
'The court does not at this time limit the number of persons who may act as pickets but reserves the right to do so if, in its opinion, such action becomes appropriate.'
Each of defendants named in the order excepted thereto and, in open court, gave notice of appeal to the Supreme Court. The appeal however was not perfected.
II. Thereafter, on May 16, 1947, plaintiff entered a motion in the cause in Superior Court for an order to amend the order of May 2, 1947, limiting the number of pickets at or near the entrance to plaintiff's plant, and for an order making one hundred and thirteen other persons, including respondents Agnes Odom, Evelyn Patrick, Estelle (Bessie) Eubanks, Bettie (Nettie) Russell and Annie I. (Isabel) Webster, additional parties defendant in this action, and subject to the court's order of May 2, 1947, with the amendment so prayed. The motion set forth that the temporary injunction and restraining order issued by the court on May 2, 1947, as aforesaid, is not being respected and obeyed, but has been and is being willfully disobeyed and violated by eighty of defendants named,--in that when employees desiring and seeking to enter the gates and work in plaintiff's plant, they, with one hundred and thirteen other persons above referred to, gather in large groups and crowds and, arranging themselves into close formation and continuously march to and fro in front of said gates in such manner that two lines of them, moving in opposite directions, sometimes double file, thereby blocking all entrance to the plant from any angle or approach, and that though some of the employees have jumped, pushed and squeezed through these close marching picket lines and gained entrance, they have come in rough physical contact with the pickets, and some of them, as they thus seek to get through the picket lines, have been tripped, shoved and kicked. Supporting affidavits, one signed by 369 employees of plaintiff and another signed by 71 employees of plaintiff, were filed. Also there were filed an affidavit of a common carrier of freight, by motor vehicle, that two of his trucks loaded with manufactured cloth and operated by his driver, had been for two days blocked by pickets massed at the gates, and not allowed to leave the premises, and a letter from representative of another common carrier, by rail, sworn to as an affidavit, to the effect that a locomotive engine with two loaded cars were prevented by the pickets on two occasions from entering plaintiff's premises to deliver the freight,--describing in detail the incidents; that the pickets were belligerent and threatened violence to the train crew; and that on May 9, 1947, superintendents of the Railroad Company, pursuant to pre-arranged engagement met with representatives of the Textile Workers Union of America, CIO, Mr. C. R. Thomas, who had stated that he was in charge of the pickets, Mr. L. L. Shepherd and a Union committee consisting of five or six additional persons, in an effort to persuade the Union representatives to permit the Seaboard train to enter the premises as a common carrier under legal duty to deliver goods and property consigned to it for transportation. Their efforts were unavailing.
The court, acting upon the verified motions with affidavits attached thereto and further affidavits filed by plaintiff and defendants, and after having heard full argument of counsel for plaintiff, and of counsel for defendant, and reciting that the court in its order of May 2, 1947, had reserved the right to limit the number of persons who might act as pickets at or near the plaintiff's premises, being of opinion and finding as a fact that such limitation should now be made, ordered, adjudged and decreed, under date of May 17, 1947:
'That the temporary injunction and restraining order issued by this court on May 2, 1947 be, and it hereby is, altered and amended so that its restraining and enjoining provisions shall read' in part pertinent to this appeal:
'That the defendants and each of them, until the merits of this cause are determined and until the court orders otherwise, are hereby enjoined and restrained as follows: (Provisions limiting area in which peaceful picketing may be carried on and the number of pickets permitted are set forth, and then these):
'None of the defendants shall interfere in any manner with the free ingress and egress of any person to and from the plaintiff's premises.
'None of the defendants shall anywhere assault, threaten, abuse or in any manner intimidate any person who works or seeks work in the plaintiff's plant, or who does or seeks to do business with the plaintiff.
'The things which the defendants are thus enjoined and restrained from doing they, and each of them, are likewise enjoined and restrained from aiding or procuring or causing to be done.'
And the court also ordered (1) that others, sought to be made parties defendant in this action, who have not been served with process herein and for whom appearance has not been made, be and they are joined as additional parties to this action, and that they be served forthwith 'with summons, copies of plaintiff's complaint, copies of the court's order of May 2, 1947, copies of the plaintiff's motion herein referred to, and copies of the present order'; and (2) that 'said additional parties defendant, and each of them, are hereby enjoined and restrained identically as set forth above in this order; and (3) that as to such additional parties defendant, this order is made returnable at the May 26, 1947 Term of Richmond County Superior Court, to the end that they, if they so desire, may be heard as to...
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