On appeal from the Superior Court, Chancery Division.
For affirmance -- Chief Justice Vanderbilt, and Justices Case, Oliphant, Wachenfeld, Burling and Ackerson. For reversal -- Justice Heher. The opinion of the court was delivered by Oliphant, J.
This appeal is here on our own motion. It is from an interlocutory injunction entered in the Chancery Division restraining the defendant from:
(A) Picketing with or without signs or placards at Ruppert Stadium, Wilson Avenue and Avenue K, Newark on any evening or afternoon whereon any race meet is scheduled to be held by the plaintiff.
(B) Interfering in any manner at any time with any person desiring or intending to participate in any capacity, or to patronize any of said race meets of plaintiff, and from attempting to persuade any of them from so doing.
(C) Representing in any manner to prospective patrons of or contestants in any of said race meets to be held by plaintiff that any labor dispute or that any dispute involving employer-employee relation
exists between plaintiff and any of said defendants or members of defendant organizations or implying that plaintiff is unfair to union labor.
On May 5, 1950, respondent, without notice, obtained an order to show cause with an ad interim restraint, why an injunction should not issue against picketing and similar activities on the part of the appellants. Pursuant to notice to the appellants the matter was heard on May 25, 1950, and witnesses for both sides were examined and cross-examined. The interlocutory injunction was entered July 14, 1950.
The respondent corporation had arranged to conduct for a profit a series of meets for races between stock car automobiles during the racing season from May to September, 1950, at the Ruppert Stadium at Wilson Avenue and Avenue K in Newark. It had leased the stadium and had invested a substantial amount of money in the race track. It entered into a contract with the National Association for Stock Car Auto Racing, Inc. (hereafter referred to as Nascar) whereby the respondent agreed to permit as entries to its races only owners, drivers and mechanics licensed or approved by Nascar. With the consent of Nascar, a similar agreement was also entered into with the Atlantic Stock Car Racing Club, Inc. (hereafter referred to as Atlantic).
The car owners, drivers, and mechanics who enter or participate in the races conducted by the respondent are not its employees or the employees of Nascar or Atlantic. Only members of these two associations are allowed to drive at this particular track. For their participation in the events they receive shares in the purses which are paid to Nascar and Atlantic and by them divided among the various races on each day. There was a flat purse of $2,000 apparently for each day. This purse was divided among the contestants in the same proportion according to the finishing position in each race but the tail enders received no remuneration.
The owners and drivers are under no obligation to race if they do not want to but they are permitted to file an entry and commit themselves to come and race at the meet. The entries close about an hour before race time.
Neither the plaintiff, Nascar nor Atlantic provide for any unemployment compensation or social security or workmen's compensation for any of the owners, drivers or mechanics who participate in the races. Nascar provides insurance for its members covering medical and other expenses resulting from racing accidents, ...