Legal Opinion

Bryan v. Adler

Wisconsin Supreme Court

Decided September 28, 1897PublishedCited by 10 opinions

Appeal from a judgment of the superior court of Milwaukee county r R. N. Austin, Judge. The case sufficiently appears in the opinion. They contended that the statute defining the offense, by designating one class of persons as subject to .its penalties, exonerates all others. Howell v. Stewart, 54 Mo. 400; State v. Jaeger, 63 id. 403; 23 Am. & Eng.

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Appeal from a judgment of the superior court of Milwaukee county r R. N. Austin, Judge. The case sufficiently appears in the opinion. They contended that the statute defining the offense, by designating one class of persons as subject to .its penalties, exonerates all others. Howell v. Stewart, 54 Mo. 400; State v. Jaeger, 63 id. 403; 23 Am. & Eng. Ency. of Law, 447. This statute expressly designates as such the person who denies the accommodation or who incites or aids in its denial, and cannot apply to one who is not himself guilty of the offense. Brooks v. State, 88 Ala. 122; U. S. v. Ten…

1Opinion of the Court

Cassoday, O. J.

The complaint alleges, in effect, that on and prior to October 30, 1895, the defendants were conduct*125■ing a public eating house and saloon in Milwaukee; that on that day the plaintiff and another entered said eating house for the purpose of being served, and seated themselves at •one of the tables provided for patrons, and waited some forty minutes for some one to take their order; that, on inquiry, they were informed by the defendants that their order was not taken because the plaintiff was a colored man, whereupon they.left, and went elsewhere for supper; that, by such failure…

2Cases cited8 opinions

  1. Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
  2. Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
  3. Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
  4. Evans v. DavidsonCourt of Appeals of Maryland · 1880
  5. Schaefer v. OsterbrinkWisconsin Supreme Court · 1886

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3Cited by10 opinions

  1. Bergman v. HendricksonWisconsin Supreme Court · 1900
  2. Banks v. WatrousSupreme Court of Connecticut · 1948
  3. Johnston v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1907
  4. Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
  5. McLean v. PeopleSupreme Court of Colorado · 1919

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