Hart v. Hartford Lunch Co.

This action was brought to recover the penalty prescribed by sections 40 and 41 of the Civil Rights Law for refusal to serve a meal to respondent, a colored man, such refusal being because of his color. The actual refusal complained of was by one Carter, a waiter employed by defendant.

A number of interesting questions raised on this appeal need not be decided because of palpable error committed by the learned trial judge in refusing to charge two requests of defendant’s attorney as follows:

“ I ask your Honor to charge the jury that if Carter was instructed to serve colored persons and not to…