Legal Opinion

Payne v. Stevens

Mississippi Supreme Court

Decided March 15, 1921No. 21763PublishedCited by 6 opinions

Appeal from circuit court of Harrison county. Hon. D. M. Graham, Judge. Action by A. E. Stevens and four others against John Barton Payne, Director General of Railroads of the United States. Prom the judgment in favor of three of the plaintiffs, defendant appeals.

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Appeal from circuit court of Harrison county. Hon. D. M. Graham, Judge. Action by A. E. Stevens and four others against John Barton Payne, Director General of Railroads of the United States. Prom the judgment in favor of three of the plaintiffs, defendant appeals. The legal questions raised by this record are: 1. Can white passengers, upon a railroad, recover damages for the failure of the carrier to provide separate accommodation for the races, where the carrier has provided such accommodation and properly designated the same, but such designations have, through the interposition of third…

1Opinion of the CourtHoodeN, J.

This is a joint suit by the appellee Stevens and four others to recover damages from the appellant railroad company on account of having to ride, over their objection, in the same passenger coach with negroes, from Pascagoula to Biloxi. A recovery for four hundred dollars as damages was had by the appellee Stevens and two other plaintiffs. A nonsuit was taken by one of the original plaintiffs, and a peremptory instruction was granted by the court against another. The railroad appeals from the judgment of the louver court.

The appellees secured tickets- and boarded the train at Pascagoula for…

2Cited by6 opinions

  1. Lucedale Commercial Co. v. StrengthMississippi Supreme Court · 1932
  2. Williams v. WhitfieldMississippi Supreme Court · 1964
  3. Hill v. Johnson-Cone Brick Co.Mississippi Supreme Court · 1937
  4. Ammons v. MurphreeMississippi Supreme Court · 1941
  5. Carrier Lumber & Mfg. Co. v. Quitman CountyMississippi Supreme Court · 1929

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