Kemp v. Division No. 241 of Amalgamated Ass'n of Street & Electric Railway Employes of America

It is unnecessary in

this case to consider the effect of malice on what would otherwise be a justification of defendants’ acts because their threats were made not out of any ill-will toward complainants or with any intent to inflict useless loss on them, but for the purpose of strengthening their own union.

The authorities are in conflict as to the effect of malice, though in Illinois the Doremus case and others are based primarily on the malicious motive. Moreover in the Horn and Brenshall and Gibson cases the justification of business competition even in the widest sense, under which the…