Williams v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 90 Kan. 478
• 135 P. 671
• 1913 Kan. LEXIS 247

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Civil Rights — Denial of Entrance to Train — State of Con-' ductor’s Mind — Competent Evidence. Where the ground of action is a violation of the plaintiff’s civil rights by discriminating against him on account of his race and color, and the elements of willfullness and malice are involved, the person charged with making the discrimination may testify directly to the state of his mind during the transaction complained of.</p> <p>2.'-Honest Misunderstanding — No Malice — No Oppression — -No Discrimination. Where a person of African descent is denied admission to a limited train through an honest misunderstanding of the Pullman conductor as to the privileges claimed, and the transaction is free from malice, fraud, or oppression, he is not entitled to relief on the ground of discrimination against him on account of his race and color.</p> <p>3. - Damages — Plaintiff Can Not Recover Price of Ticket Not Used. The plaintiff purchased a railroad ticket good one day from the date of sale. He was excluded from one train and was obliged to take another later in the same day. He could have used the ticket, but chose to keep it as evidence, and purchased another. Held, he is not entitled to recover the price of the first ticket.</p>