Sutter v. Amalgamated Ass'n of Street Railway & Motor Coach Employees of America, Local 1127 of Shreveport, La.

• Decision Date: 16 June 1949
• Docket Number: 6 Div. 813.
• Parties: SUTTER v. AMALGAMATED ASS'N OF STREET RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA (LOCAL 1127 OF SHREVEPORT, LOUISIANA) et al.
• Court: Alabama Supreme Court

41 So.2d 190

252 Ala. 364

SUTTER v. AMALGAMATED ASS'N OF STREET RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA (LOCAL 1127 OF SHREVEPORT, LOUISIANA) et al.

6 Div. 813.

Supreme Court of Alabama

June 16, 1949

Martin Turner & McWhorter and S. Eason Balch, of Birmingham, for appellant.

John L. Busby and Earl McBee, of Birmingham, for appellees.

BROWN Justice.

The appeal in this case is from a decretal order of the Circuit Court of Jefferson County, in Equity, dissolving the temporary injunction heretofore issued on the filing of the bill.

The motion to dissolve is rested on want of equity in the bill the denials of the answer and affidavits touching affirmative allegations in the answer. The cause was submitted on the motion to dissolve the temporary injunction, the verified answer and affidavits in support thereof, on the verified bill and affidavits in support thereof, and exceptions to the defendant's answer.

It appears from the allegations of the bill, the allegations of the answer and affidavits that at the time the appellant complainant in the court below, acquired the right to operate the bus terminal on the Northeast Corner of the intersection of 4th Avenue and 19th Street, North, in the City of Birmingham, Alabama, there was a strike in progress by the Amalgamated Association of Street Railway and Motor Coach Employees of America (Local 1127 of Shreveport, Louisiana) an affiliate of A. F. L., against the Southern Bus Lines Inc., the owner of said terminal station, arising out of a labor dispute as to wages, hours and working conditions. The said picket line was activated by the individual defendants Rozzelle, Deas and McCreight and other members of said local to maintain and has been maintaining a picket line for a period of several months; that the complainant obtained and took over the operation of said bus terminal and licensed and permitted the Southern Bus Lines, Inc., to continue to use same and the facilities thereof in the operation of its business and that the defendants' labor union continued to maintain such strike and picket line, advertising their grievance in a peaceful manner by carrying banners and walking the sidewalk adjacent to said bus terminal; that there was an absence of violence and there were only a few of the pickets present advertising such grievance at one and the same time. This condition was known to the complainant at the time he negotiated the deal for...