Page:Federal Reporter, 1st Series, Volume 7.djvu/72

 60. FEDEBAIi BBPOBTSB. �sion disturbance or annoyance to other passengers if he was admitted into a public vehiole or allowed longer to remain within it." This case was expulsion from a street railroad car, where the plaintiff was intoxicated, and used loud, boister- ous, profane, and indecent language. So it is with all the cases cited by defendant; not a single one goes upon any other ground than that there, must be, either existing or ap- prehended, some injurions, offensive, or otherwise annoying conduct of the person excluded; and the mere presence of persons of immoral character in a public car, where the im- morality is of the kind alleged in this case, and is oonfined to the private life of the individual, and does not affect her hab- its and conduct in public places, is no more a sufficient ground for exclusion than their presence in the streets, horse- cars, omnibuses, or other such vehicles would be. Any other rule would prohibit them from traveling altogether, for they may as well be excluded from these last as from the railroad cars. Indeed, the American style of railway carriages is in- compatible with any such classification of passengers ; the cars are constructed to seat not less than 60 persons, and when vir- tuous ladies travel in such conveyances they need not and do not expect to find that seclusion which is possible in social life at home, at hotels, and places of amusement. The "ladies' car" is not designated alone for women whose virtue is above reproach, but for those whose habits and behaviour are mod- est, genteel, and irreproachable, while traveling alone or with maie companions of like habits; and in it these may find some seclusion from the sometimes boisterous and rough ways of men traveling without the restraints of female society, but not seclusion from the presence of other women whose private lives, perhaps, are not what they should be, although their public demeanor is chaste and modest. �The plaintiff in this case proved indisputably, I think, that she is not repulsive in appeai'anee; is aecustomed to dress well and even handsomely; behaves in a lady-like manner, and that on this occasion her conduct was unexceptionable. The defendant offered some proof of isolated occasions which might impeach'her of unlady-like behavior, but the proof was ��� �