Shubert v. Nixon Amusement Co.
Supreme Court of New Jersey
In tort. On demurrer to pleas. The suit was in tort for damages for being ejected from a theatre. By the first count of the declaration it is averred that the Xixon Amusement Company was the lessee of a certain theatre and defendant Ziegfeld was the manager of a play that was being produced thereat; that plaintiff purchased tickets for four orchestra seats and paid for them, entitling himself and three of his friends to occupy said seats at a certain specified performance;…
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In tort. On demurrer to pleas. The suit was in tort for damages for being ejected from a theatre. By the first count of the declaration it is averred that the Xixon Amusement Company was the lessee of a certain theatre and defendant Ziegfeld was the manager of a play that was being produced thereat; that plaintiff purchased tickets for four orchestra seats and paid for them, entitling himself and three of his friends to occupy said seats at a certain specified performance; that he and his friends went to the theatre and gave up their tickets, retaining the seat checks, entered the theatre and…
1Opinion of the Court
The opinion of the court was delivered by
Parker, J.
The defendants first attack the declaration as insufficient in law, as under this demurrer they are entitled to do. So far as concerns the first count, the objections now made to it were previously passed upon in this cause when defendants demurred to the declaration and their demurrer was struck out. They should not again be considered. We are of opinion, however, that the second count is bad. Assuming that for a violation of the Civil Rights act, ubi supra, a civil action for damages will lie as well as the penal action provided in that…
2Cases cited7 opinions
- Collister v. . HaymanNew York Court of Appeals · 1905
- People Ex Rel. Burnham v. . FlynnNew York Court of Appeals · 1907
- Horney v. NixonSupreme Court of Pennsylvania · 1905
- Smith v. LeoNew York Supreme Court · 1895
- Standard Oil Co. v. BuchiNew Jersey Court of Chancery · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mayer v. BelichickCourt of Appeals for the Third Circuit · 2010
- Uston v. Resorts International Hotel, Inc.Supreme Court of New Jersey · 1982
- Watkins v. CopeSupreme Court of New Jersey · 1913
- Sweeney v. United Artists Theater Circuit, Inc.Colorado Court of Appeals · 2005
- De La Ysla v. Publix Theatres Corp.Utah Supreme Court · 1933
1 more not listed; retrieve them via the Exa API.