Hyperlawhypertext legal database Cornell v. Huber 92 N.Y.S. 434

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Cornell v. Huber

92 N.Y.S. 434 Court N.Y. App. Div. Decision date 1905-03-03 English

Delivered by WOODWARD, J.

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p. 434
CORNELL v. HUBER.
(Supreme Court, Appellate division, Second Department
March 3, 1905.)

Headnote

Innkeeper—Refusal of Privileges of a Guest.
An innkeeper is liable at common law to one to whom he refuses the privileges of a guest.
[Ed. Note.—For cases in point, see vol. 27, Cent. Dig. Innkeepers, §§ 10, 11.]
Appeal from Special Term, Queens County.
Action by William Cornell against George H. Huber. From a judgment sustaining a demurrer to the complaint, plaintiff appeals. Reversed.
Argued before HIRSCHBERG, P. J., and BARTLETT, WOODWARD, HOOKER; and MILLER, JJ.
J. Wilson Bryant, for appellant.
M. Strassman, for respondent.

The complaint clearly is an action to recover on the common-law liability of an innkeeper to one who has been refused the privileges of a guest. The learned Special Term evidently treated it as an action for a penalty under the civil rights act (chapter 1042, p. 974, Laws 1895), and disposed of it on the authority of Lewis v. Hitchcock (D. C.) 10 Fed. 4 . The common-law liability of an innkeeper, under the circumstances disclosed by this complaint, is fully recognized in Grinnell v. Cook, 3 Hill, 485 , 38 Am. Dec. 663 , and the subject is treated at length in People v. King, 110 N. Y. 418 et seq., 18 N. E. 245 , 1 L. R.

p. 435
I advise that the interlocutory judgment be reversed, with costs, and that the defendant be allowed 20 days in which to answer. All concur; HOOKER, J., not voting.

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