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Gregory v. Madison Mobile Homes Park, Inc.

Citations: 24 Wis. 2d 275; 128 N.W.2d 462; 1964 Wisc. LEXIS 484

Court: Wisconsin Supreme Court; June 2, 1964; Wisconsin; State Supreme Court

Narrative Opinion Summary

The Supreme Court of Wisconsin deliberated on whether a mobile home park falls under the definition of a 'public place of accommodation' as per section 942.04 of the Wisconsin Statutes, which prohibits discrimination based on race, color, creed, national origin, or ancestry in such places. The trial court had previously ruled that the issue could not be resolved on a demurrer owing to insufficient information about the nature of mobile home parks. The statute explicitly includes inns, restaurants, taverns, barber shops, and public conveyances but does not specifically mention mobile home parks. The appellant contended that mobile home parks differ fundamentally from these enumerated examples. The court observed that while facilities like hotels have been traditionally recognized as public accommodations, apartment buildings have not. Noting the lack of sufficient evidence on record concerning mobile home parks, the court upheld the principle of liberal construction of complaints, affirming that the plaintiffs had adequately stated a cause of action under the statute. Consequently, the circuit court's decision to overrule the demurrer and allow the case to proceed was affirmed.

Legal Issues Addressed

Definition of Public Place of Accommodation under Wisconsin Statutes

Application: The court examined whether a mobile home park qualifies as a public place of accommodation, noting that the statutory definition includes certain facilities but lacks specific reference to mobile home parks.

Reasoning: The Supreme Court of Wisconsin addressed whether a mobile home park qualifies as a 'public place of accommodation' under sec. 942.04 of the Wisconsin Statutes.

Insufficient Record for Demurrer

Application: The court found that without adequate evidence regarding the characteristics of mobile home parks, the complaint could not be resolved through a demurrer.

Reasoning: The trial court determined that the case could not be resolved through a demurrer due to insufficient information regarding the nature of mobile home parks.

Liberal Construction of Complaints

Application: The court applied the principle that complaints should be liberally construed, finding that the plaintiffs' complaint sufficiently alleged a cause of action under the statute despite the lack of detailed information about mobile home parks.

Reasoning: The court reiterated the principle that complaints should be liberally construed, stating that the plaintiffs' complaint sufficiently alleged a cause of action under the statute.