Berry Foundry Co. v. International Moulders Union
Missouri Court of Appeals
Appeal from Buchanan Circuit Court.—Son. L. J. Eastin, Judge. (1) The locked out employees were within their legal rights in picketing the plaintiff’s plant in a peaceable, quiet and orderly, manner. St. Louis v. Gloner, 210 Mo. 502; Shoe Co. v. Saxey, 131 Mo. 212; Door Co. v. Fuelle, 215 Mo. 421. (2) The judgment for damages herein based upon the evidence of loss of profits was too remote, speculative and dependent upon changing circumstances to warrant it in law.
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Appeal from Buchanan Circuit Court.—Son. L. J. Eastin, Judge. (1) The locked out employees were within their legal rights in picketing the plaintiff’s plant in a peaceable, quiet and orderly, manner. St. Louis v. Gloner, 210 Mo. 502; Shoe Co. v. Saxey, 131 Mo. 212; Door Co. v. Fuelle, 215 Mo. 421. (2) The judgment for damages herein based upon the evidence of loss of profits was too remote, speculative and dependent upon changing circumstances to warrant it in law. Howard v. Manufacturing Co., 139 TJ. S. 199; Gas Co. v. Siemens Co., 152 U. S. 200; Lund v. Tyler, 115 Iowa, 236; Bierbach v.…
1Opinion of the CourtEllison, P. J.
This proceeding was instituted by plaintiff filing a bill for injunction against defendants and for damages for unlawful acts charged in the petition. The circuit court issued a temporary writ which was afterwards made perpetual, and gave plaintiff damages in the sum of two thousand dollars. An appeal was taken to the Supreme Court and the latter transferred the case to this court on the ground that it did not have jurisdiction.
It appears that plaintiff conducted a foundry in the city of St. Joseph in which large numbers of workmen were employed and turned out, as completed work, large…
2Cases cited7 opinions
- Lohse Patent Door Co. v. FuelleSupreme Court of Missouri · 1908
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- City of St. Louis v. GlonerSupreme Court of Missouri · 1908
- Hamilton-Brown Shoe Co. v. SaxeySupreme Court of Missouri · 1895
- Grant v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1910
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3Cited by5 opinions
- Steiner v. Long Beach Local No. 128California Supreme Court · 1942
- F. C. Church Shoe Co. v. TurnerMissouri Court of Appeals · 1926
- Magnolia Petroleum Co. v. BroussardCourt of Appeals of Texas · 1960
- Steiner v. Long Beach Local No. 128California Supreme Court · 1942
- Steiner v. Long Beach Local No. 128California Supreme Court · 1942