Fletcher v. Coney Island, Inc.

In the case of Madden v. Queens County Jockey Club, Inc., 296 N. Y., 249, 253, 72 N. E. (2d), 697, 698, 1 A. L. R. (2d), 1160, 1162, the generally recognized rule is stated as follows:

“At common law, a person engaged in a public calling, such as innkeeper or common carrier, was held to be under a duty to the general public and was obliged to serve, without discrimination, all who sought service. * * * On the other hand, proprietors of private enterprises, such as places of amusement and resort, were under no such obligation, enjoying an absolute power to serve whom they pleased. * * *

*153“The…