Southern Ry. v. Thurman
Court of Appeals of Kentucky
Case 90. — ACTION BY LOUELLA THURMAN AGAINST THE SOUTHERN RAILWAY IN KY. FOR DAMAGES FOR INSULTING HER AND ORDERING HER INTO THE COACH FOR COLORED PASSENGERS', SHE BEING A WHITE WOMAN. Appeal from Fayette Circuit Court. "Watts Parker, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. .1. Testimony of Turner and Mrs. Bess incompetent, not being a part of the res gestae.
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Case 90. — ACTION BY LOUELLA THURMAN AGAINST THE SOUTHERN RAILWAY IN KY. FOR DAMAGES FOR INSULTING HER AND ORDERING HER INTO THE COACH FOR COLORED PASSENGERS', SHE BEING A WHITE WOMAN. Appeal from Fayette Circuit Court. "Watts Parker, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. .1. Testimony of Turner and Mrs. Bess incompetent, not being a part of the res gestae. (McLeod, Receiver v. Ginther’s Adm’r, 80 Ky., 401; Chesapeake & Ohio R. R. Co. v. Reeves’ Adm’r, 11 Ky. Law Rep., 14; Vicksburg & Meridian Railroad Co. v. O’Brien, 119 U. S., 99; Louisville &…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Reversing.
Mrs. Lonella Thurman, in March, 1902, resided in Harrodsburg. On the morning of March 20th she came to Lexington to consult a physician, with the intention of returning home that evening on the Southern Railway. She went to the evening train in company with a friend, Mrs. Bess, and entered the ladies’ coach and took a seat; Mrs. Bess sitting on the arm of the seat and talking with her. While they were talking, two other ladies sitting in the same car seemed to be under the impression that Mrs. Thurman was not a white person, and were saying in effect,…
2Cited by4 opinions
- Louisville & Nashville Railroad v. RitchelCourt of Appeals of Kentucky · 1912
- Wolfe v. Georgia Railway & Electric Co.Court of Appeals of Georgia · 1907
- Chesapeake & Ohio Ry Co. v. AustinCourt of Appeals of Kentucky · 1910
- Mobile & Ohio R. R. v. SpennyAlabama Court of Appeals · 1914