Lewis v. Hitchcock

BeowN, D. J.

This is an action brought by the plaintiff to recover a penalty of $500 under section 2 of the civil rights act of March 1, 1875, (18 St. at Large, part 3, p. 335, Sapp. Rev. St. 148.)

The complaint states, in substance, that the defendants are “proprietors of a certain inn, to-wit, a restaurant at No. 9 Chatham street,” in this city, and that on the fourth day of November, 1881, the plaintiff, a colored person, was refused food or refreshments there by orders of the defendants on account of his race or color. The defendants demur to the complaint on the grounds — First, that the…