HANSON v. INNIS

Unlawful Interference. Strike. Labor Union. Equity Pleading and Practice, Parties. Equity Jurisdiction, To enjoin unlawful strike, Damages.

In a suit in equity against the officers and members of an unincorporated labor union for unlawfully causing the discharge of the plaintiff as the foreman of a granite company, if it appears that the defendants instituted and continued an unlawful strike which compelled the superintendent of the granite company as a last resort to agree to leave the question whether he should discharge the plaintiff to a vote of the workmen at the quarry and that upon a majority of such workmen voting against the retention of the plaintiff the superintendent discharged him, the plaintiff is entitled to relief against the defendants who instituted and maintained the strike and not merely against those workmen who voted at the quarry for his discharge.

In a suit in equity against the officers and members of an unincorporated labor union for unlawfully causing the discharge of the plaintiff as the foreman of a granite company, if it appears that unlawful acts of the defendants caused the discharge of the plaintiff and made it impossible for him to procure other employment, the plaintiff is entitled to recover damages not only for the loss of wages due to his discharge but also, once for all, for his present and prospective inability to procure employment, which may continue for an indefinite time, caused by the unlawful acts of the defendants.

SHELDON, J.

None of the exceptions taken by the defendants to the master's original report can be sustained.

The plaintiff never had agreed to abide by the result of the vote taken at Perry's suggestion, and had had nothing to do with causing it to be taken. There is no ground for the contention that he was estopped by any participation or apparent acquiescence therein from bringing his action against the defendants.

The plaintiff was not a member of either of the labor unions named in the bill and was not bound by any of their rules. He was not obliged to seek relief in their tribunals, but could resort to the courts to obtain redress for any wrong done to him by them. That he had been a member of another different labor union is not material.

On the facts found by the master, the plaintiff's discharge and his inability to obtain other work were caused by the unlawful acts of the defendants. Berry v. Donovan, 188 Mass. 353. Perry acted under their compulsion. Of course the strike intended to obtain this unlawful end was unjustifiable; and it was material to show that the injury done to the plaintiff had been procured by unlawful means. The remedy accordingly was against the defendants, and not merely against the sixteen men who had voted against the retention of the plaintiff.

The plaintiff is entitled in this suit to recover once for all his entire damages sustained from the unlawful acts of the defendants in procuring his discharge and making it impossible for him to procure other employment. De Minico v. Craig, 207 Mass. 593, 600.

The findings in the master's supplemental report are not inconsistent with the facts upon which they are based. The other exceptions thereto depend upon the evidence, which has not been reported, and so none of them can be sustained.

Upon the facts reported by the master the plaintiff is entitled to a decree for damages for the sum of $2,000. Berry v. Donovan, 188 Mass. 353. Pickett v. Walsh, 192 Mass. 572. De Minico v. Craig, 207 Mass. 593. Folsom v. Lewis, 208 Mass. 336. This gives him full damages, past and future. As he has asked for damages for all time, and at the argument did not ask for an injunction, it is not necessary now to discuss that matter.

Decree accordingly.