FLETCHER v. C. ISLAND, INC.

No. 34569.

165 Ohio St. 150 (1956)

FLETCHER, APPELLANT, v. CONEY ISLAND, INC., APPELLEE.

Supreme Court of Ohio.

Decided April 13, 1956.


Attorney(s) appearing for the Case

Mr. Michel M. Turpeau, Mr. Joseph H. Johnson, Mr. Walter H. Houston and Mr. Webster W. Posey, for appellant.

Messrs. Rendigs, Fry & Kiely, for appellee.


ZIMMERMAN, J.

In the case of Madden v. Queens County Jockey Club, Inc., 296 N.Y. 249, 253, 72 N.E.2d 697, 698, 1 A. L. R. (2d), 1160, 1162, the generally recognized rule is stated as follows:

"At common law, a person engaged in a public calling, such as innkeeper or common carrier, was held to be under a duty to the general public and was obliged to serve, without discrimination, all who sought service. * * * On the other hand, proprietors of...

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