#### Harry Foster Dean, Defendant in Error, v. Chicago and Northwestern Railway Company, Plaintiff in Error.

Gen. No. 18,262.

(Not to be reported in full.)

Abstract of the Decision.

Civil rights, § 3 * -—when refusal to allow negro to ride in elevator violation of statute. Evidence held to show that plaintiff, a negro, was refused the privilege of riding in defendant’s depot elevator solely on account of his race and color and that such refusal was an act done by the elevator man in the scope of his employment.

Error to the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in this court at the March term, 1912.

Affirmed.

Opinion filed November 24, 1913.

Statement of the Case.

Action by Harry Foster Dean against Chicago and Northwestern Railway Company, a corporation, for the violation of the Civil Rights Act, J. & A. (f 3531, by a servant of defendant refusing to carry plaintiff in an elevator, on account of plaintiff being colored. From a judgment in favor of plaintiff for three hundred dollars, defendant brings error.

Frank D. Fulton and Irving Herriott, for plaintiff in error; Edward M. Hyzer, of counsel.

No appearance for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Presiding Justice Baker

delivered the opinion of the court.