Legal Opinion

Chiles v. Chesapeake & Ohio Ry. Co.

Court of Appeals of Kentucky

Decided April 16, 1907PublishedCited by 9 opinions

CASE 36. — ACTION BY J. ALEXANDER CHILES AGAINST C. & O. RAILROAD CO. FOR DAMAGES FOR EJECTING HIM FROM A CAR SET APART FOR WHITE PASSENGERS, BECAUSE OF HIS COLOR. Appeal from Fayette Circuit Court. Watts Parker, Circuit Judge. Judgment for defendant. Plaintiff appeals. PRINCIPLES AND THE LAW RELIED UPON TO SUSTAIN SAME. 1. New trial will be granted when count errs to the substantial rights of the appellant. (Hurt v. L. & N. R. R. Co., 25 Ky.

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CASE 36. — ACTION BY J. ALEXANDER CHILES AGAINST C. & O. RAILROAD CO. FOR DAMAGES FOR EJECTING HIM FROM A CAR SET APART FOR WHITE PASSENGERS, BECAUSE OF HIS COLOR. Appeal from Fayette Circuit Court. Watts Parker, Circuit Judge. Judgment for defendant. Plaintiff appeals. PRINCIPLES AND THE LAW RELIED UPON TO SUSTAIN SAME. 1. New trial will be granted when count errs to the substantial rights of the appellant. (Hurt v. L. & N. R. R. Co., 25 Ky. Law Rep., 755; Ellis v. Ellis, 20 Ky. Law Rep., 438; Bums v. Mc-Gibbens, 9 Ky. Law Rep., 411; McGee’s case 3 J. J. Marshall 549). 2. and 3. New trial…

1Opinion of the Court

Opinion op the Court by

John D. Carroll, Commissioner

Affirming.

Appellant, a negro, bought a first-class ticket over the appellee’s line of railway from Washington, District of Columbia, to' Lexington, Ky. At Ashland, *302Ky., on the line of railway between Washington and Lexington, all passengers for Lexington, except those occupying sleeping cars, are required to leave' the train on which they come from Washington and get on a train that leaves Ashland for Lexington. When the Washington train, upon which appellant was a passenger, arrived at Ashland, in company with the other passengers in the…

2Cases cited8 opinions

  1. Plessy v. FergusonSupreme Court of the United States · 1896
  2. Hall v. DeCuirSupreme Court of the United States · 1878
  3. Chesapeake & Ohio Railway Co. v. KentuckySupreme Court of the United States · 1900
  4. Chicago & Northwestern Railway Co. v. WilliamsIllinois Supreme Court · 1870
  5. West Chester & Philadelphia Railroad v. MilesSupreme Court of Pennsylvania · 1867

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3Cited by9 opinions

  1. James v. Marinship Corp.California Supreme Court · 1944
  2. Morgan v. VirginiaSupreme Court of the United States · 1946
  3. Axton Fisher Tobacco Co. v. Evening Post Co.Court of Appeals of Kentucky · 1916
  4. Miller v. GULF. MOBILE & OHIO RAILROAD COMPANYSupreme Court of Missouri · 1964
  5. Ades v. WashCourt of Appeals of Kentucky · 1923

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