Younger v. Judah
Supreme Court of Missouri
.Appeal from JacTcson Circuit Court. — Hon. R. H. Field, Judge. , (1) A theater is a public place. When an owner of property devotes it to a use in which the public has an interest, he in effect grants to the public an interest .in such usej and must to the extent of that interest submit to be controlled by the public for the common good, as long as he maintains the use. Munn v. Illinois, 94 U. S. 113; Joseph v. Bidwell, 28 La.
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.Appeal from JacTcson Circuit Court. — Hon. R. H. Field, Judge. , (1) A theater is a public place. When an owner of property devotes it to a use in which the public has an interest, he in effect grants to the public an interest .in such usej and must to the extent of that interest submit to be controlled by the public for the common good, as long as he maintains the use. Munn v. Illinois, 94 U. S. 113; Joseph v. Bidwell, 28 La. Ann. 382; Bowlin v. Lyon, 67 Iowa, 536; Peik v. Railroad, 94 U. S. 164; Donnell v. State, 48 Miss. 661. (2) Any owner of property to whose use the public has an…
1Opinion of the CourtBlack, J.
The questions presented for our consideration in this case arise out of the action of the court in sustaining a demurrer to the plaintiff’s evidence.
The substantial averments of the petition are: That the defendant- was the lessee of the Ninth Street theater in Kansas City, that the plaintiff purchased two tickets calling for seats in the orchestra, and that ■defendant and his employes unlawfully and maliciously refused to seat him in the seats so purchased. There is the further allegation that defendant and his agents unlawfully, maliciously and insultingly ejected plaintiff from the theater.
2Cases cited8 opinions
- Civil Rights CasesSupreme Court of the United States · 1883
- Hall v. DeCuirSupreme Court of the United States · 1878
- People v. . KingNew York Court of Appeals · 1888
- Ferguson v. GiesMichigan Supreme Court · 1890
- Donnell v. StateMississippi Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Marshall v. Kansas CitySupreme Court of Missouri · 1962
- Hammer v. StateIndiana Supreme Court · 1909
- State v. ClyburnSupreme Court of North Carolina · 1958
- State v. AventSupreme Court of North Carolina · 1961
- Jones v. KehrleinCalifornia Court of Appeal · 1920
6 more not listed; retrieve them via the Exa API.