Illinois Central R. R. v. Redmond

Citations

• 119 Miss. 765
• 81 So. 115

Syllabus

<p>1. .Raileoads. Passengers. Separate coach law.</p> <p>Under our Separate Coach Law, Code 1906, sections 4059-4060, it is not required that the accommodations furnished to passengers of one race be identical with those furnished to passengers of the other, but they do require that the accommodations (which, of course, include not only those things which are necessary for but also such as add to comfort and convenience) provided for passengers of the one race shall be equal to those provided for passengers of the other race,' from which it necessarily follows that, if separate toilets are provided for the sexes of one race, separate toilets must also be provided for the sexes of the other, and if a place in which to smoke is provided for one race, such a place must be also provided for the other.</p> <p>2. Triau. Instructions. Requested instructions.</p> <p>There is no error in a court refusing an instruction where it is substantially covered by an instruction already given.</p> <p>3. Carriers. Duty to furnish seats. Defenses.</p> <p>In a suit for damages against a carrier for failure to provide plaintiff with a seat, the defense that such seat could not be provided because of a sudden and unusual influx of passengers, is an affirmative defense and in order to be availed of, must be specially pleaded.</p> <p>4. CoNStitutionau Law. Separate coach law. Interstate commerce. Equal protection of the laws.</p> <p>The Separate Coach Law, Code 1906, sections 4059-4060, does not violate either the commerce clause of, or the fourteenth amendment to, the Federal Constitution.</p>