Louisville & Nashville Railroad v. Phelps' Administrator

Opinion of the Court by

Judge Carroll

Reversing.

Thomas C. Phelps, while riding in what is known as the smoking car for white passengers, a car that was divided into compartments by partition in the middle, the front end being set apart for colored passengers, fell against the glass window in the car as he was about to take his seat near the window. In the fall his head went through the glass and broke it and jagged parts of the glass cut Phelps so badly about the face and throat that he died soon afterwards from loss of blood.

Afterwards this suit was brought by his administrator to recover…