Legal Opinion

Ohio Valley Railway's Receiver v. Lander

Court of Appeals of Kentucky

Decided October 7, 1898PublishedCited by 11 opinions

Case 5S — ACTION FOR DAMAGES APPEAL EROM CHRISTIAN CIRCUIT COURT. 1. A common carrier has a right to make reasonable regulations, for the separation of white and colored passengers. Com. v. Power, 7 Met. (Mass.), 596; 41 Am. Dec., 465; West Chester & Phila. R. R. Co. v. Miles, 55 Penn. St., 209; 93 Am. Dec., 744; Bass v. The Chicago N. W. Ry. Co., 36 Wis., 450; 17 Am.

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Case 5S — ACTION FOR DAMAGES APPEAL EROM CHRISTIAN CIRCUIT COURT. 1. A common carrier has a right to make reasonable regulations, for the separation of white and colored passengers. Com. v. Power, 7 Met. (Mass.), 596; 41 Am. Dec., 465; West Chester & Phila. R. R. Co. v. Miles, 55 Penn. St., 209; 93 Am. Dec., 744; Bass v. The Chicago N. W. Ry. Co., 36 Wis., 450; 17 Am. Rep., 495; Rebecca Smith, &e. v. D. H. Chamberlain, Receiver, &e., Law Rep. of date June 15, 1893, p. 710; 38 S. C„ 555; 19 L. R. A., 710; Redfield on Railways (Ed. 1888), sec. 542 and notes; Wood’s Railway Law, sec. 297; Angelí…

1Opinion of the Court

JUDGE GUFFY

delivered the opinion of the court.

This action was instituted by the plaintiffs, Robt. N. Landin' and Fannie E. Lander, his wife, against John McLeod, receiver of the Ohio Yallev Railway'. It is alleged in the petition that the plaintiffs are husband and wife, and citizens of Hopkinsville, Ivy., and that they are colored people, and citizens of the United States. It is farther alleged that said railway was in the possession and under the control of said McLeod as receiver aforesaid; and that said McLeod, through his agents, etc., has been and is operating it as a common carrier,…

2Cases cited15 opinions

  1. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  2. Plessy v. FergusonSupreme Court of the United States · 1896
  3. The Daniel BallSupreme Court of the United States · 1871
  4. Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
  5. Hall v. DeCuirSupreme Court of the United States · 1878

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3Cited by11 opinions

  1. Berea College v. CommonwealthCourt of Appeals of Kentucky · 1906
  2. Brumfield v. Consolidated Coach CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
  3. Warley v. Board of Park CommissionersCourt of Appeals of Kentucky (pre-1976) · 1930
  4. Whiteside v. Southern Bus Lines, Inc.Court of Appeals for the Sixth Circuit · 1949
  5. McCabe v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1911

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