Puritan Lunch Co. v. Forman

Citations

• 35 Ohio C.C. Dec. 526
• 29 Ohio C.C. (n.s.) 289

Syllabus

<p>CIVIL RIGHTS</p> <p>1. Right of Negro on Repayment of Price of Meal Purchased, to Leave Restaurant without Waiving Right of Action for Civil Rights.</p> <p>3. Discriminating against Negro Patron because People Kick against Negros’ Patronizing Restaurant.</p> <p>A negro having been served with a meal at a public restaurant for which payment has been accepted, on request an employe thereof to withdraw to a place by himself in a room of inferior accommodation and separate from white patrons, may accept repayment of his money and leave the premises without waiving his cause of action provided by Secs. 12940 and 12941 G. C., and this notwithstanding by not remaining he was unable to ascertain what would have been the result if he had refused to comply with such request.</p> <p>2. Back Room of Restaurant Used for Dishwashing not Place of Equal Accommodation.</p> <p>A back room of a public restaurant used for washing dishes and storing ice, in which some dining room chairs have been placed, is not of equal accommodation in all respects to the regular dining room where there are chairs and tables and no dishes are washed or ice stored.</p> <p>Since the reason assigned for requesting a negro patron to eat his meal in the back room was that “the people have been putting up so much kick against it that we are losing a great deal of business,” the jury is justified under the circumstances in concluding that the discrimination was based on race or color.</p>