Legal Opinion

Johnson v. Auburn & Syracuse Electric Railroad

New York Court of Appeals

Decided February 12, 1918PublishedCited by 5 opinions

Appeal from a judgment entered November 29, 1915, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment entered November 29, 1915, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court properly held, as matter of law, that the “ dancing pavilion ” was such a “ place of pubhc accommodation, resort and amusement ” as is contemplated by the statute under which this action is brought, and submitted to the jury the question…

1Opinion of the CourtChase, J.

Section 40 of the Civil Rights Law (Laws of 1909, ch. 14, amd. L. 1913, ch. 265; Cons. Laws, ch. 6), provides as follows: “ All persons within the jurisdiction of this state shall be entitled to the full and equal accommodations, advantages and privileges of any place of public accommodation, resort or amusement, subject only to the conditions and limitations established by law and applicable alike to all persons. No person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any such place, shall directly or indirectly refuse, withhold from or deny to any…

2Cases cited2 opinions

  1. People v. . KingNew York Court of Appeals · 1888
  2. Gibbs v. . Arras BrothersNew York Court of Appeals · 1918

3Cited by5 opinions

  1. Drews v. StateCourt of Appeals of Maryland · 1961
  2. Amos v. Prom, Inc.District Court, N.D. Iowa · 1954
  3. Hobson v. York Studios, Inc.City of New York Municipal Court · 1955
  4. Proctor v. Mount Vernon Arena, Inc.New York Court of Appeals · 1944
  5. People ex rel. McIntosh v. StillmanNew York City Magistrates' Court · 1919

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