Vogel v. Saenger Theatres

The question presented for determination in this case is whether a person, who has been admitted to a theatre after presentation of a ticket purchased from the proprietor, may maintain an action to recover damages for the humiliation and mental anguish sustained by him because of his subsequent ejection from the theatre on the sole ground that he is a cripple. A majority of the court has answered this question in the negative. I cannot agree for two reasons, (1) because the plaintiff has been specifically given, by section 459 of the Revised Statutes, a cause and right of action which…