Cornell v. Huber
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Queens County. Action by William Cornell against George H. Huber. From a judgment sustaining a demurrer to the complaint, plaintiff appeals. Reversed.
1Opinion of the CourtWoodward, J.
The complaint clearly is an action to recover on the common-law liability of an innkeeper to one who has been refused the privileges of a guest. The learned Special Term evidently treated it as an action for a penalty under the civil rights act (chapter 1042, p. 974, Laws 1895), and disposed of it on the authority of Lewis v. Hitchcock (D. C.) 10 Fed. 4. The common-law liability of an innkeeper, under the circumstances disclosed by this complaint, is fully recognized in Grinnell v. Cook, 3 Hill, 485, 38 Am. Dec. 663, and the subject is treated at length in People v. King, 110 N. Y. 418 et…
2Cases cited2 opinions
- People v. . KingNew York Court of Appeals · 1888
- Lewis v. HitchcockDistrict Court, S.D. New York · 1882