Woollcott v. . Shubert
New York Court of Appeals
Appeal, by permission, from so much of an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 26, 1915, which affirmed an order of Special Term granting a motion by defendants for judgment in their favor upon the pleadings. The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from so much of an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 26, 1915, which affirmed an order of Special Term granting a motion by defendants for judgment in their favor upon the pleadings. The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion. The exclusion of the plaintiff from defendants’ theatres is forbidden by the express terms of the present Civil Eights…
1Opinion of the CourtCollin, J.
The primary question presented by the present appeal is, may the proprietor of a theatre lawfully exclude from it a person upon any ground other than that of race, creed or color ? The appellant asserts that the Civil Rights Act of this state, as amended in 1913, answers the question in the negative. The respondents assert that .the act forbids the exclusion upon the ground of race, creed or color only.
The complaint alleges in effect: The defendants control and conduct many theatres. The plaintiff gains his livelihood as the dramatic critic on the staff of the New York Times. He wrote and the…
2Cases cited21 opinions
- Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Civil Rights CasesSupreme Court of the United States · 1883
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
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3Cited by98 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Matter of 440 E. 102nd St. Corp. v. MurdockNew York Court of Appeals · 1941
- Matter of Delmar Box Co.(ætna Ins. Co.)New York Court of Appeals · 1955
- Knight-Ridder Broadcasting, Inc. v. GreenbergNew York Court of Appeals · 1987
- Madden v. Queens County Jockey Club, Inc.New York Court of Appeals · 1947
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