Wilkinsonv.Hart's Drive-In, Inc.

Appellate Court of Illinois, Second DistrictJun 29, 1949
86 N.E.2d 870 (Ill. App. Ct. 1949)
86 N.E.2d 870338 Ill. App. 210

Gen. No. 10,361. (Abstract of Decision.)

Opinion filed June 29, 1949 Released for publication July 16, 1949

CIVIL RIGHTS, § 1nonliability of restaurant corporation under statute. Even if employee of corporation operating public restaurant was retained in his employment after refusing to serve food to a colored woman, corporation was not liable to such woman for damages under Civil Rights Statute, where employee, a waiter and sandwich maker, was not authorized or instructed to discriminate against anyone in serving food and had no right to undertake to conduct restaurant business in any manner different from standard prescribed by owner (Ill. Rev. Stat. 1947, ch. 38, pars. 125, 126; Jones Ill. Stats. Ann. 22.01, 22.02).

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Kane county; the Hon. CHARLES A. O'CONNOR, Judge, presiding.

Judgment affirmed. Heard in this court at the May term, 1949.

Sidney D. Podolsky, for appellant;

Matthews, Jordan Dean, for appellee;

Everett Jordan, of counsel.

Not to be published in full. Opinion filed June 29, 1949; released for publication July 16, 1949.