Legal Opinion

Rhone v. Loomis

Supreme Court of Minnesota

Decided November 14, 1898No. Nos. 11,048—(10)PublishedCited by 24 opinions

Action in the municipal court of Duluth to recover $500 damages, on the ground that plaintiff, a colored man, was refused the privileges of defendant’s saloon, and was discriminated against on account of his color. The case was tried before Edson, J., and a jury, which rendered a verdict in favor of plaintiff in the sum of $25. From an order denying a motion for a new trial, defendant appealed.

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Action in the municipal court of Duluth to recover $500 damages, on the ground that plaintiff, a colored man, was refused the privileges of defendant’s saloon, and was discriminated against on account of his color. The case was tried before Edson, J., and a jury, which rendered a verdict in favor of plaintiff in the sum of $25. From an order denying a motion for a new trial, defendant appealed. The term “saloon” is not used in the act, and is not embraced in the general term “or other places of refreshment.” The act is penal in its nature, and therefore to be strictly construed. Where general…

1Opinion of the CourtMitchell, J.

The plaintiff, who is a colored man, brought this action against the defendant, who is a legally-licensed saloon keeper, to recover damages for his refusal, solely because of plaintiff’s race and color, to furnish him a glass of beer, when called for in defendant’s place of business. The action is brought under the provisions of Laws 1885, c. 224 (G. S. 1894, §§ 8002, 8003), as amended by Laws 1897, c. 349. The material parts of the act read as follows:

“A person who excludes any other person within the jurisdiction of the state of Minnesota, on account of race, color or previous condition of…

2Cases cited1 opinion

  1. People v. . KingNew York Court of Appeals · 1888

3Cited by24 opinions

  1. Massachusetts Commission Against Discrimination v. ColangeloMassachusetts Supreme Judicial Court · 1962
  2. United States Jaycees v. McClureSupreme Court of Minnesota · 1981
  3. Ex Parte RoquemoreCourt of Criminal Appeals of Texas · 1910
  4. State v. EndSupreme Court of Minnesota · 1950
  5. Ex Parte MuckenfussCourt of Criminal Appeals of Texas · 1908

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