Brown v. J. H. Bell Co.

CourtUnited States State Supreme Court of Iowa
Writing for the Court*901PER CURIAM.
Citation146 Iowa 89,124 N.W. 901
Decision Date17 February 1910
PartiesBROWN v. J. H. BELL CO. ET AL.

146 Iowa 89
124 N.W. 901

BROWN
v.
J. H. BELL CO.
ET AL.

Supreme Court of Iowa.

Feb. 17, 1910.


On petition for rehearing. Petition overruled.

For former opinion, see 123 N. W. 231.

*901PER CURIAM.

In a petition for a rehearing our attention is called to a statement in the opinion regarding the application of the civil rights statute to soda fountains; and it is claimed that this statement is beyond the case and should be eliminated, because not necessary to a decision of the point involved. This criticism is doubtless good, although the statement could not in any event be considered anything more than dictum. However, we do not wish to prejudge any matter which may be the subject of litigation in the future, and in view of the known methods now adopted by proprietors of soda fountains it is better, perhaps, to give no intimation about the application of the civil rights act to such institutions. All that was intended by the opinion was to state that in the cases cited it was held that statutes similar to our own did not apply to private soda fountains, places where soft drinks were sold, or to saloons. This is what was held in these cases, and it was not the intent of this court to do more than to so state. We are not to be understood as fully approving the cases so cited. They were referred to for the strength of the argument found in the opinions and cited as analogous cases. They did not, of course, involve pure food shows; and, as this case does not raise the question as to whether there may be discrimination by saloon keepers or private soda fountain keepers, we have no occasion to determine that question. In this respect the opinion heretofore filed should be modified, and, as so modified, the opinion will stand.

The petition for rehearing must be, and it is, overruled.

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17 practice notes
  • Amos v. Prom, Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 30, 1953
    ...against an innkeeper who refused to serve the plaintiff because of his color. In Brown v. J. H. Bell Co., 1910, 146 Iowa 89, 123 N.W. 231, 124 N.W. 901, 27 L.R.A.,N.S., 407, the Iowa Court again treated the statute as being remedial in character but held a booth at which free samples were d......
  • State v. Gardner, Nos. 30032
    • United States
    • United States State Supreme Court of Iowa
    • March 14, 1916
    ...76 Iowa, 122, 40 N. W. 100;State v. Eno, 131 Iowa, 619, 109 N. W. 119, 9 Ann. Cas. 856;Brown v. Bell, 146 Iowa, 89, 123 N. W. 231, 124 N. W. 901, 27 L. R. A. (N. S.) 407, Ann. Cas. 1912B, 852;State v. Wignall, 150 Iowa, 650, 128 N. W. 935, 34 L. R. A. (N. S.) 507; Low v. Goldtrap, 1 N. J. L......
  • Rice v. Sioux City Memorial Park Cemetery, No. 28
    • United States
    • United States Supreme Court
    • May 9, 1955
    ...on a violation of the statute. See Humburd v. Crawford, 128 Iowa 743, 105 N.W. 330; Brown v. J. H. Bell Co., 146 Iowa 89, 123 N.W. 231, 124 N.W. 901, 27 L.R.A.,N.S., 407; Amos v. Prom, Inc., D.C.N.D.Iowa, 117 F.Supp. 615. Had the statute been properly brought to our attention and the case t......
  • Amos v. Prom, Inc., Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • January 11, 1954
    ...Pickett v. Kuchan, 1926, 323 Ill. 138, 153 N.E. 667, 49 A.L.R. 499. The case of Brown v. J. H. Bell Co., 1909, 146 Iowa 89, 123 N.W. 231, 124 N.W. 901, 27 L.R.A.,N.S., 407, Ann.Cas.1912B, 852, was an action brought under the Iowa Act which is sometimes referred to as the Iowa Civil Rights S......
  • Request a trial to view additional results
17 cases
  • Amos v. Prom, Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 30, 1953
    ...against an innkeeper who refused to serve the plaintiff because of his color. In Brown v. J. H. Bell Co., 1910, 146 Iowa 89, 123 N.W. 231, 124 N.W. 901, 27 L.R.A.,N.S., 407, the Iowa Court again treated the statute as being remedial in character but held a booth at which free samples were d......
  • State v. Gardner, Nos. 30032
    • United States
    • United States State Supreme Court of Iowa
    • March 14, 1916
    ...76 Iowa, 122, 40 N. W. 100;State v. Eno, 131 Iowa, 619, 109 N. W. 119, 9 Ann. Cas. 856;Brown v. Bell, 146 Iowa, 89, 123 N. W. 231, 124 N. W. 901, 27 L. R. A. (N. S.) 407, Ann. Cas. 1912B, 852;State v. Wignall, 150 Iowa, 650, 128 N. W. 935, 34 L. R. A. (N. S.) 507; Low v. Goldtrap, 1 N. J. L......
  • Rice v. Sioux City Memorial Park Cemetery, No. 28
    • United States
    • United States Supreme Court
    • May 9, 1955
    ...on a violation of the statute. See Humburd v. Crawford, 128 Iowa 743, 105 N.W. 330; Brown v. J. H. Bell Co., 146 Iowa 89, 123 N.W. 231, 124 N.W. 901, 27 L.R.A.,N.S., 407; Amos v. Prom, Inc., D.C.N.D.Iowa, 117 F.Supp. 615. Had the statute been properly brought to our attention and the case t......
  • Amos v. Prom, Inc., Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • January 11, 1954
    ...Pickett v. Kuchan, 1926, 323 Ill. 138, 153 N.E. 667, 49 A.L.R. 499. The case of Brown v. J. H. Bell Co., 1909, 146 Iowa 89, 123 N.W. 231, 124 N.W. 901, 27 L.R.A.,N.S., 407, Ann.Cas.1912B, 852, was an action brought under the Iowa Act which is sometimes referred to as the Iowa Civil Rights S......
  • Request a trial to view additional results

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