McCabe v. Atchison, T. & S. F. Ry. Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United Stales for the Western District of Oklahoma. ■ Suit by F. P. McCabe and others against the Atchison, Topeka & Santa Fé Railway Company and others. From a decree o_f dismissal rendered after sustaining a demurrer to the bill, complainants appeal.
1DissentSanborn, Circuit Judge
The fourteenth amendment to the Constitution of the United States provides that:
“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, * * * nor deny to any person within its jurisdiction the equal protection of the laws.”
If each of two citizens of unobjectionable mental, moral, and physical character, one a white man and the other a colored man, tenders and pays to one of the defendant railroad companies in Oklahoma that is operating upon its trains chair cars, sleeping cars, and dining cars the same lawful rate for his…
2Cases cited30 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- Plessy v. FergusonSupreme Court of the United States · 1896
- United States v. SteffensSupreme Court of the United States · 1879
- County of Mobile v. KimballSupreme Court of the United States · 1881
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