Waldauer v. Vicksburg Railway & Light Co.

Citations

• 88 Miss. 200
• 40 So. 751

Syllabus

<p>Carriers. Ejection of passenger. False imprisonment. Lotos 1904, ch. 99, p. 140. Separation of races. Jim Grow law. Evidence.</p> <p>In an action against a street railway company for ejecting a passenger and causing him to be arrested for a violation of Laws 1904, ch. 99, p. 140, relating to the division of cars into separate compartments for white and colored passengers:</p> <p>(a) Evidence is admissible to establish a custom of the company permitting passengers of both races to occupy the back platform of its cars, where the only evidence of a division of the inside of its cars between the two races consisted of testimony of a custom; and</p> <p>(5) To justify-the company in causing the arrest and ejection from its ears of a passenger for violating the statute it must have itself complied with the provisions of the law; and</p> <p>(c) The posting of a sign, neither a partition nor an adjustable screen, in a street car indicating that part of the ear was to be occupied by white and another part by colored persons, especially if the sign be too small to be seen from all parts of the car, is not a compliance with the statute.</p>