Also known as: victualler · victualers · innkeeper · provisioner
Written by attorneys · grounded in primary & secondary sources — see below
A person authorized by law to keep a house of entertainment for the public. A victualer serves food or drink prepared for consumption on the premises.
Select any source to read its text and confirm it supports the definition.
Vaughn Valentine operated a victualer establishment where Violet Vang stayed as a guest. After Violet slipped on a wet floor in the dining area and lay injured, Vaughn observed her distress but continued serving other patrons without summoning aid. Violet later sued Vaughn for failing to provide assistance under the duty owed by a victualer to guests.
Victor Vargas, a victualer, denied entry to Virgil Volpe and his companions at the public house. State law prohibited such refusals based on race. Virgil sued Victor claiming the denial violated equal protection principles under the statute.
Vance Vogel purchased a victualer property subject to a recorded covenant restricting use. The prior owner had agreed the premises would remain open to the public for food service. Vance sought to close the establishment, prompting neighbors to enforce the covenant in court.
Vincent Valdez entered a victualer establishment accompanied by friends of a different race. The proprietor refused service and summoned police, leading to arrest. Vincent sued the victualer and officers alleging a conspiracy to enforce segregation.
Vivid Media operated a victualer public house that refused service to out-of-state travelers based on race. Congress had enacted legislation prohibiting such discrimination in public accommodations affecting interstate commerce. The travelers sued the victualer for violating the federal statute.
Vega Motors employed servers at its victualer public house and paid wages below the state minimum. The employees sued the victualer to recover the difference, arguing the wage law protected workers from exploitation. The victualer challenged the statute as unconstitutional.
A victualer owes a duty to protect guests from unreasonable risk of physical harm and to provide first aid after learning of injury or illness. This duty arises from the special relationship between an innkeeper and guest. The duty continues until the guest can be cared for by others.
Supporting sources
A victualer is a person authorized by law to operate a public house of entertainment. The term also covers anyone who serves food or drink prepared for on-premises consumption. Modern usage often equates the role with that of an innkeeper.
Supporting sources
…As we have seen, 32 States prohibit racial discrimination in public accommodations. These laws but codify the common-law innkeeper rule which long predated the Thirteenth Amendment. It is difficult to believe that the Amendment was intended to abrogate this principle. Indeed, the opinion of the Court in the Civil…