Page:Federal Reporter, 1st Series, Volume 5.djvu/512

 Sdô FEBEtlAl. REPORTeE. �3. Same ScSjbcw- -Iik^tEs* Car— Equal Accommodations. �, . A female passenger trayeling àlone is entitled to ride in the ladies' car, notwitlistanding an alleged want of cliastity, if her behavior is lady-like and proper, and she cannot be compelled to accept a seat in another car offensive to her because of smoking and bad ventila- tion ; and this wliether sbe be white or colored. �This was a common-law action for the wrongful exclusion of the plaintiff, a colored woman, from the ladies' car of the defendant's train, upon her refusai to take a seat in the smok- ing car. At the time of her exclusion the plaintiff held a first-class ticket over the defendant's road from Corinth, Mis- sissippi, to Memphis, Tennessee, and her behavior while in the car was lady-like and inoffensive. �The defendant pleaded that the plaintiff was a woman of color, and that the company hàd a regulation excluding per- soûs of color from the ladies' car, but providing equal accom- modations in another car, which she refused to accept. This plea, however, was subsequently withdrawn, because the de- fendant as a matter of fact made no distinction as to color on its cars. After the withdrawal of this plea the court refused to entertain the question of color, and excluded it altogether from the jury, ànd charged that the case was to be tried prccisely as if the plaintiff were a white woman excluded under similar eircumstances. The defendant also pleaded that the plaintiff was a notorious and public Court-^ esan, addicted to the use of profane language and offensive habits of conduct in public places ; that the ladies' car was set apart exolusively for the use of genteel ladies of good char- acter and modest deportment, from which the plaintiff was rightfully excluded because of her bad character. �It also appeared that an existing statute of the state of Ten- nessee (Act of March 34, 1875, c. 130, § 1, p. 216) contained the foUowing provision : �"The rule of the common law giving a right of action to any person excluded from any hôtel or public means of transportation, or place of amusement, is hereby abrogated ; and hereafter no keeper of any hôtel or public house, or car- rier of passengers for hire, or conductors, drivers, or employes ����