Page:Federal Reporter, 1st Series, Volume 4.djvu/52

38 good at common law or not. Code, (T. & S. Ed.) 2884, 2913, 2917a; Car. Hist. Lawsuit, §§ 206, 209, 844.

The second plea, which avers that the plaintiff is a colored woman, and sets up a regulation requiring colored people to occupy separate cars equal to those provided for white people, has been withdrawn, because, as stated by counsel, this Company has no such regulation, people of all colors being admitted to their cars without classification or distinction on account of color.

This leaves for present consideration only the question arising on the third plea, which is as follows: “And, for a further plea in this behalf, defendant says that, by a customary regulation of the defendant, a certain car in the defendant’s passenger train, commonly called the ladies’ car, was set apart to be exclusively used and occupied by persons of good character, and genteel and modest deportment, from which said car it was, by said regulation, the duty of defendant’s conductor to exclude all persons of improper character, or addicted to deportment offensive to modesty and decorum. Yet the plaintiff, at the time of her alleged grievance, being a notorious courtesan, addicted to lascivouslascivious [sic] and profane conversation and immodest deportment in public places, and well known to the defendant’s conductor as such, and well knowing the regulation aforesaid, and well knowing that there were other good and comfortable passenger cars, of equal accomodationsaccommodations [sic] with the one provided for the ladies, in said train, whereon she could be safely and securely carried without violation of the regulation aforesaid, notwithstanding intruded herself into said ladies’ car, and being then and there by the conductor advised of said regulation, and politely requested to remove into another good, safe, and comfortable car, of ample accommodations, in said train, peremptorily refused, and persisted in refusing, whereupon, with gentle hands and without unnecessary force, the conductor removed the plaintiff from the ladies’ car, and tendered her accommodation in the said other car, which refusing, the plaintiff left the train,” etc.