Jordahl v. Hayda

CHIPHAN, P. J.

The defendants are members and agents of the Cooks and Waiters’ Alliance, Local No. 220, of the city of Eureka, and plaintiff is the proprietor of the so-called Fairwind Restaurant at that city. The action is for an injunction restraining defendants “from the commission of any acts or the use of any methods within or in the immediate vicinity of the plaintiff’s said restaurant and premises, which will tend to hinder, impede, or obstruct the plaintiff in the transaction of the business of said plaintiff at said Fairwind Restaurant in said premises, or hinder, intimidate or annoy the patrons or customers of plaintiff as they visit said restaurant and premises and depart from the same, and from annoying and intimidating persons who may desire to work-in plaintiff’s said premises.” Plaintiff had judgment, from which defendants appeal, and from the order denying their motion for a new trial.

The brief of appellants is confined to a discussion of the alleged insufficiency of the evidence to sustain the findings. The particular parts of the findings thus attacked are quoted in the brief and are as follows: That defendants members of said association “have interfered with and intimidated persons who desired to visit said restaurant for the purpose of

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patronizing the same, by telling them that they were making a mistake in patronizing said restaurant, and that nothing but a scab would go in there [meaning plaintiff’s restaurant] ; . . . that they would be sorry for themselves if they continued to patronize said restaurant, and thereby willfully and maliciously intimidated the patrons and intended patrons of said restaurant and caused them to refrain from patronizing said place of business,” etc. (finding IV) ; that “the said defendant Harry Smith and other defendants have followed persons who intended to patronize plaintiff’s said place of business and have prevented them from entering said place of business and patronizing the same” (finding V); that said defendants “willfully and maliciously patrolled the sidewalk in front of plaintiff’s said place of business for the purpose of driving said customers or patrons away from said restaurant” (finding IV).

Appellants contend that the words used in the findings, such as “threats,” “acts of intimidation,” “interfered with,” “driven away,” or “prevented,” as applied to the conduct of defendants toward the patrons of plaintiff, imply force, and that “the evidence does not warrant a finding that implies that force was used.” We do not think these words as used in the findings and judgment imply that it was necessary to show physical force on the part of defendants toward any one. Persons might have been “prevented” from patronizing plaintiff, or “driven away” from his place of business or “interfered with” in an attempt to go into or out of his Í restaurant, by conduct falling short of actual violence, and yet the conduct might be of such character as to effect the object of defendants to the injury of plaintiff in a way which | could not be adequately measured in an action for damages. We are cited by appellant to section 9 of article I of the constitution of California, which guarantees the right to every person to “freely speak, write, and publish his sentiments on all subjects,” etc. It is argued that it is not unlawful for any person to go to or stay away from plaintiff’s restaurant, and hence there could be nothing unlawful in any one of defendants requesting any patron of plaintiff’s restaurant to remain away therefrom; that the motive of the person in making the request is immaterial; and if the request can be made of one it can be made of all patrons of plaintiff. Furthermore,