Brown v. Meyer Sanitary Milk Co.
| Decision Date | 09 December 1939 |
| Docket Number | 34494. |
| Citation | 96 P.2d 651,150 Kan. 931 |
| Parties | BROWN v. MEYER SANITARY MILK CO. |
| Court | Kansas Supreme Court |
Rehearing Denied Feb. 6, 1940.
Syllabus by the Court.
The civil rights statute forbidding racial discrimination is a penal statute and should be strictly construed. Gen.St.1935 21-2424.
An ordinary ice cream parlor was not a "place of entertainment or amusement" within the meaning of the civil rights statute forbidding racial discrimination, though radio was maintained there, and hence owner of ice cream parlor was not liable under statute for refusal to serve a negress because of her race and color. Gen.St.1935, 21-2424.
A "place of entertainment or amusement" within meaning of civil rights statute forbidding racial discrimination means a place to which people resort for the purpose primarily of being entertained or amused. Gen.St.1935, 21-2424.
In an action for damages under G.S. 1935, 21-2424, it is held that an ordinary ice cream parlor is not a place of entertainment or amusement within the meaning of this statute.
Appeal from District Court, Wyandotte County, Division No. 4; Joseph H. Brady, Judge pro tem.
Action by Lulu Ruth Brown against the Meyer Sanitary Milk Company for damages because of the refusal of an employee of defendant to serve the plaintiff in its ice cream parlor because of her race and color. From a judgment in favor of the plaintiff, the defendant appeals.
Judgment reversed with directions to sustain defendant's demurrer to plaintiff's petition.
O. Q Claflin, of Kansas City for appellant.
Forrest B. Anderson, of Kansas City, for appellee.
This was an action for damages. The defendant demurred to the petition of plaintiff. That demurrer was overruled. Defendant appeals.
The petition alleged that the defendant was a corporation authorized to do business in Kansas City; that it was engaged in the dairy business; that in the operation of its business it operated a place of amusement and entertainment consisting of a confectionary restaurant and ice cream parlor in Kansas City, Kansas; that a license is required of such business by the municipal authorities of Kansas City, Kansas; that this place was open to the general public and was equipped with a radio, tables, chairs and counters for the accommodation of its customers to whom it served ice cream, coffee sandwiches, meals and soft drinks. The plaintiff further alleges that about July 30, 1938, she sat down at a table in this place and asked to be served a dish of ice cream; that the servant of defendant told plaintiff that she would not serve negroes in the place and said "I have orders from the boss and manager not to serve colored people." The petition alleged further that the defendant by this conduct discriminated against plaintiff on account of her color, race and previous condition of servitude and that these acts were a violation of G.S.1935, 21-2424. The petition further alleged that she had a right to the enjoyment of the privileges conveniences and accommodation of this place and in like circumstances with the general public and the defendant deprived her of the full and equal privileges afforded other patrons of that place; and that thereby she was discriminated against on account of her race and color; that her feelings were hurt; she suffered humiliation, disgrace, chagrin and mental anguish; that she was compelled to hire a taxicab to go home at the cost of money in the amount of fifteen cents; that altogether she suffered actual damages in the sum of five thousand dollars; that the defendant's refusal to serve her on account of her race was wanton and malicious conduct on the part of defendant and she suffered punitive damages in the sum of five thousand dollars.
Judgment was prayed for that amount.
To this petition the defendant interposed a general demurrer for the reason that it did not state facts sufficient to constitute a cause of action in favor of plaintiff and against the defendant. This demurrer was overruled, hence this appeal.
The action is based upon G.S.1935, 21-2424. That section reads as follows:
"That if any of the regents or trustees of any state university, college, or other school of public instruction, or the state superintendent, or the owner or owners, agents, t...
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State v. Avent, 654
...; Goff v. Savage, 122 Wash. 194, 210 P. 374; De La Ysla v. Publix Theatres Corporation, 82 Utah 598, 26 P.2d 818; Brown v. Meyer Sanitary Milk Co., 150 Kan. 931, 96 P.2d 651; Horn v. Illinois Cent. R. Co., 327 Ill. App. 498, 64 N.E.2d 574; Coleman v. Middlestaff, 147 Cal.App.2d Supp. 833, 3......
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...Goff v. Savage, 122 Wash. 194, 210 P. 374; De La Ysla v. Publix Theatres Corporation, 82 Utah 598, 26 P.2d 818; Brown v. Meyer Sanitary Milk Co., 150 Kan. 931, 96 P.2d 651; Horn v. Illinois Cent. R. Co., 327 Ill. App. 498, 64 N.E.2d 574; Coleman v. Middlestaff, 147 Cal.App.2d Supp. 833, 305......
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