Perth Amboy evening news., 1904-04-21
VERTICT FOR THE
CONTRACTORS FOR
$500 IN LABOR SUIT.


ness which one ma built up cannot be
taken by the State without compen-
satlon. Nor canJit be destroyed by
malicious nc Is done for that purpose,
without the destroyer being answer
able in damages for the injury done.
1t will thus be seen that the grava-
men of the action is malice. To per-
NIT a recovery in this case you must
be satisfied, from the proofs, that the
intent of the dc PENDANTS was to do
evil TO the plaintiffs. That their con
duct was the result of ill.will.
The declaration in this case charges
a conspiracy. But that fact has no
bearing upon the question Of d ainages
in this case. 1t may be alleged III the
pleading, but of itself it shows no ad.
ditional cause of action If the
of action does notsexist against some
person without the conspiracy, it does
not exist because of it. An act, which,
if done by II alone, would not give
ground for an action, will not give
such gruund if done in combination
with others.
= The gist of this action is not, there
fore, a conspiracy, but the damages
done to the plaintiff.
In order to entitle the plaintiffs to
recover III this case, two facts must be
proven by the evidence to your salts
faction:
First-That the plaintiffs have been
injured in their business by II un.'
lawful acts OF tho defendants.
Secondhand the acts done by the
defendants were prompted by malice
and ill-will with the purpose of In
juriug the plaintiffs business.
If the evidence satisfies you OF these
two facts, the plaintiffs may recover
against the defendants il you think
all are participants, OR against such
of the defendants as you may think
were such participants.
In considering the evidence in the
case you are to consider it as apple
able to each defendant, and treat each
rs if separately defending and sued.
There must be noiverdict against any
defendant not Proven TO have bt ten
engaged in the acts which you may
find to have maliciously caused the
injury. If you find the acts done
were done II combination and in pur-
suance of a conspiracy in which all
the defendants were engaged among
themselves or with others, Aotf vel
dict may be general agaiust -, tr, il
You find otherwise, it may DO against
any one or more of the defendants
whom you find responsible.
Just o brief reference to the facts.
The proof of the plaintiffs is that the
defendants, acting through their
union, imposed a fine or bill Of dam
ages, as defendants call it, in the
minutes of the union, upon the plain
tiffs and from thenceforth proceeded
to boycott the plaintiffs in their bust
ness until aud unless said fine was
oaid. The plaintiffs further contend
that the result of this unjust and IN.
lawful demand, with which they re-
fused TO comply, was, that their bust
ness was ruined for about one year
prior to the institution of this suit
and that tie resultant loss was as
stated in the proofs.
Tho defendants admit the imposition
of the bill Of damage of fifty dollars
and that it has never been removed.
= The proof seems to establish the fact
(this, however, is for you to say that
tho plaintiffs for this refusal to pay
said bill of damages were unable to
secure any business i'll Perth Amboy
because OF the threat of the defend
ants that no union workmeh should
work for them or with them, Of with
any other sub-contractor contracting
with them until such bill OF damage
was paid. The result of which was,
if you find these facts to be true, that
no union workman would work for
the plaintiffs or for any other con-
tractor who contracted with them up
on any building to be constructed in
Perth Amboy.
I am unable to find in the constitu-
tion of tho union, or the law of the
land, or in any custom of the trade,
as proven in this case, any justification
for the imposition of the fifty dollars
fine or bill of damages laid against
the plaintiffs in this case.
The plaintiffs wore under no legal
obligation to recognize or pay 1T. No
man can BIZ compelled to pay tribute
to another man or set Of men without
his consent.
Upon the question of the imposition
of the bill Of damages and the purpose
of it the minutes of the union seem
obscure.
VJI-A .uo. Alo .Nnrp0oa ~ y nocfnn |