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JOCIE MOTOR LINES, INC. v. INTERNATIONAL TEAMSTERS

No. 239.

132 S.E.2d 697 (1963)

260 N.C. 315

JOCIE MOTOR LINES, INC., Plaintiff, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Defendant. The NEW DIXIE LINES, INCORPORATED, Plaintiff, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Defendant.

Supreme Court of North Carolina.

October 16, 1963.

Attorney(s) appearing for the Case

Blakeney, Alexander & Machen, Charlotte, for plaintiff appellee.

Francis M. Fletcher, Jr., Charlotte, Herbert S. Thatcher, Washington, D. C., and McLellan & Wright, Kingsport, Tenn., for defendant appellant.

BOBBITT, Justice.

Defendant assigns as error the denial of its motion for judgment of involuntary nonsuit. In passing upon this assignment, it is necessary to consider the nature of the cause of action alleged and the theory of the trial.

Plaintiff, in express terms, based its action on Section 303(b) of the Labor Management Relations Act, 61 Stat. 159, 29 U.S.C.A. § 187(b), which provides:

"Whoever shall be injured in his business or property...

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