Humburd v. Crawford

CourtUnited States State Supreme Court of Iowa
Writing for the CourtLADD
Citation105 N.W. 330,128 Iowa 743
Decision Date15 November 1905
PartiesHUMBURD v. CRAWFORD ET AL.

128 Iowa 743
105 N.W. 330

HUMBURD
v.
CRAWFORD ET AL.

Supreme Court of Iowa.

Nov. 15, 1905.


Appeal from District Court, Polk County; A. H. McVey, Judge.

Action for damages occasioned by the refusal to allow plaintiff to eat at the defendant's table. Verdict and judgment for plaintiff, and defendants appeal. Affirmed.

[105 N.W. 330]

McHenry & Graham, for appellants.

S. Joe Brown, for appellee.


LADD, J.

The plaintiff was one of the jurors to whom a civil cause had been submitted at the January, 1904, term of the district court of Polk county. Pending their deliberations, the bailiff in charge arranged with defendants to serve dinner for the jurors, and conducted them to their house. Upon their arrival the defendants, as the evidence tended to show, refused to allow plaintiff to sit at their table solely because of his color, whereupon the other jurors were served, and he was compelled to go elsewhere for food. It is not questioned but that this was in violation of the civil rights statute, if defendants were maintaining an eating house such as therein contemplated. That statute declares that “all persons within this state shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities and privileges of inns, restaurants, chop houses, eating houses, lunch counters and all other places where refreshments are served, public conveyances, barber shops, bath houses, theaters, and all other places of amusement. Any person who shall violate the provisions of this section by denying to any person, except for reasons by law applicable to all persons, the full enjoyment of any of the accommodations, advantages, facilities or privileges enumerated herein, or by aiding or inciting such denial, shall be guilty of a misdemeanor.” Code, § 5008. The evil sought to be remedied was unjust or groundless discrimination between individuals where the public generally are invited to be served or entertained. See Bowlin v. Lyon, 67 Iowa, 536, 25 N. W. 766, 56 Am. Rep. 355. If, then, the object and practice of defendants was to serve meals to whomsoever applied, at prices charged to all, their place was an eating house within the meaning of this statute. If meals were served only in pursuance of previous arrangements, and therefore to particular individuals, rather than to any who might apply, it was a private boarding house only. The distinction was clearly drawn in the fifth paragraph of the court's charge: “If you find from a preponderance of...

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14 practice notes
  • Amos v. Prom, Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 30, 1953
    ...no good reasons applicable for all alike for refusal of service at the defendant's barber shop. In the case of Humburd v. Crawford, 1905, 128 Iowa 743, 105 N.W. 330, the plaintiff sought damages for a violation of the statute. The Iowa Court regarded the statute as remedial in character and......
  • John R. Thompson Co. v. District of Columbia, No. 11039
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 22, 1953
    ...117 A.L.R.1313; 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; Humburd v. Crawford, 1905, 128 Iowa 743, 105 N.W. 330; Kimmell v. Town of Westernport, 1922, 140 Md. 506, 117 A. 748; Liggett Drug Co. v. Board of License Commissioners, 1936, 296 Ma......
  • Iron Workers Local No. 67 v. Hart, No. 54741
    • United States
    • United States State Supreme Court of Iowa
    • November 11, 1971
    ...person continues to have his remedy in civil court, Amos v. Prom, Inc., 117 F.Supp. 615, 620--621 (N.D.Iowa 1954); Humburd v. Crawford, 128 Iowa 743, 105 N.W. 330 We hold Commission has no authority under § 105A.9(12) to enter judgment for compensatory damages per se. Accordingly, we revers......
  • Rice v. Sioux City Memorial Park Cemetery, No. 28
    • United States
    • United States Supreme Court
    • May 9, 1955
    ...petitioner's position would be entitled to recover damages in a civil action based 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......
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14 cases
  • Amos v. Prom, Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 30, 1953
    ...no good reasons applicable for all alike for refusal of service at the defendant's barber shop. In the case of Humburd v. Crawford, 1905, 128 Iowa 743, 105 N.W. 330, the plaintiff sought damages for a violation of the statute. The Iowa Court regarded the statute as remedial in character and......
  • John R. Thompson Co. v. District of Columbia, No. 11039
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 22, 1953
    ...117 A.L.R.1313; 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; Humburd v. Crawford, 1905, 128 Iowa 743, 105 N.W. 330; Kimmell v. Town of Westernport, 1922, 140 Md. 506, 117 A. 748; Liggett Drug Co. v. Board of License Commissioners, 1936, 296 Ma......
  • Iron Workers Local No. 67 v. Hart, No. 54741
    • United States
    • United States State Supreme Court of Iowa
    • November 11, 1971
    ...person continues to have his remedy in civil court, Amos v. Prom, Inc., 117 F.Supp. 615, 620--621 (N.D.Iowa 1954); Humburd v. Crawford, 128 Iowa 743, 105 N.W. 330 We hold Commission has no authority under § 105A.9(12) to enter judgment for compensatory damages per se. Accordingly, we revers......
  • Rice v. Sioux City Memorial Park Cemetery, No. 28
    • United States
    • United States Supreme Court
    • May 9, 1955
    ...petitioner's position would be entitled to recover damages in a civil action based 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......
  • Request a trial to view additional results

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