Legal Opinion

Bowlin v. Lyon

Supreme Court of Iowa

Decided December 11, 1885PublishedCited by 6 opinions

Appeal from linn Circuit Court. It is alleged in the first count of the petition that defendants were the proprietors of a place of public amusement in the city of Cedar Rapids,, known as a skating rink, and that plaintiff, at a time when said rink was open to the public, applied to them for admission thereto, but that they wrongfully, maliciously and insolently, and without any cause except that he is a colored man, refused to admit him to said rink.

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Appeal from linn Circuit Court. It is alleged in the first count of the petition that defendants were the proprietors of a place of public amusement in the city of Cedar Rapids,, known as a skating rink, and that plaintiff, at a time when said rink was open to the public, applied to them for admission thereto, but that they wrongfully, maliciously and insolently, and without any cause except that he is a colored man, refused to admit him to said rink. In the second count it is alleged that, on another occasion, defendants, by a printed circular, which they caused to be circulated in the…

1Opinion of the CourtEeed, J.

The demurrer admits that plaintiff was excluded from the place in question on the sole ground that he is a colored man; and we will assume, in our consideration of the case, that there was nothing in his character or conduct which rendered him offensive or afforded any ground for excluding him. The single question presented by the record is whether the refusal by the defendants on the occasions mentioned in the petition to permit plaintiff to enter their skating rink was a denial to him of a privilege which he had the right, under the law, to enjoy; and, in the outset, we deem it proper to…

2Cases cited2 opinions

  1. Coger v. North West. Union Packet Co.Supreme Court of Iowa · 1873
  2. Chicago & Northwestern Railway Co. v. WilliamsIllinois Supreme Court · 1870

3Cited by6 opinions

  1. Brown v. J. H. Bell Co.Supreme Court of Iowa · 1909
  2. Humburd v. CrawfordSupreme Court of Iowa · 1905
  3. Terrell Wells Swimming Pool v. RodriguezCourt of Appeals of Texas · 1944
  4. Amos v. Prom, Inc.District Court, N.D. Iowa · 1954
  5. Fish v. TeningaIllinois Supreme Court · 1928

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