Southern Railway v. Commonwealth

Opinion op the Court by

Wm. Rogers Clay, Commissioner

Reversing.

Appellant, Southern Railway in Kentucky, was indicted by the grand jury of Mercer county for a violation of section 795, Ky. St. 1903, requiring railway companies operating in this State to furnish separate coaches or cars for the travel or transportation of white and colored passengers. An agreed statement of facts was filed, and upon this agreed statement the trial was had without the intervention of a jury. Appellant was adjudged guilty, and its fine fixed at $500. From a judgment overruling its motion and grounds for a new…