Burks v. . Bosso
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 10, 1903, upon an order reversing a judgment of the Monroe County Court which reversed a judgment of the Municipal Court of the city of Rochester in favor of plaintiff entered upon a verdict. 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 of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 10, 1903, upon an order reversing a judgment of the Monroe County Court which reversed a judgment of the Municipal Court of the city of Rochester in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The statute under which this action is brought is a penal statute and must be strictly construed. (Bishop on. St at. Crimes, § 199 ; Sutherland on Stat. Const. 436; Kent’s Comm. 465.) Strictly…
1Opinion of the CourtWerner, J.
This action was brought to recover the penalty provided for by chapter 1042 of the Laws of 1895, entitled “ An act to protect all citizens in their civil and legal rights.” The pertinent parts of the statute are as follows :
§ 1. “ That all persons within the jurisdiction of this State shall be entitled to the full and equal accommodations, advantages, facilities and privileges of inns, restaurants, hotels, eating houses, bath houses, barber shops, theatres, music halls, public conveyances on land and water, and all other places of public accommodation or amusement, subject only to the…
2Cases cited2 opinions
- People v. . PhyfeNew York Court of Appeals · 1893
- People v. . RichardsNew York Court of Appeals · 1888
3Cited by44 opinions
- People v. VetriNew York Court of Appeals · 1955
- Laporte Carriage Co. v. SullenderIndiana Supreme Court · 1905
- Aaron v. . WardNew York Court of Appeals · 1911
- People v. ShakunNew York Court of Appeals · 1929
- City of Rochester v. Rochester Gas & Electric Corp.New York Court of Appeals · 1922
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