Appellate Division of the Supreme Court of the State of New York March 3, 1905 (Cornell v. Huber)

WOODWARD, J.

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.