Gray v. Cincinnati Southern Railroad Co.
United States Circuit Court for the Southern District of Ohio
11 F. 683 (1882)
- Written by Jenny Perry, JD
Facts
Mrs. Gray (plaintiff), a Black woman, bought a first-class round-trip ticket from Lexington, Kentucky, to Cincinnati, Ohio, from the Cincinnati Southern Railroad Company (the railway) (defendant). At the depot in Cincinnati, while carrying a sick child and accompanied by her husband, Mrs. Gray attempted to enter a car that contained women and men for her return trip to Lexington. The brakeman refused to admit the Grays and directed them to the only other car, which contained only men, some of whom were smoking. When pressed for a reason for not allowing Mrs. Gray into the car she desired, the brakeman stated it was because of her race. Mr. Gray entered the smoking car and returned to Lexington. Mrs. Gray declined to go in that car and later returned to Lexington by another means. Mrs. Gray sued the railway for damages, arguing that its refusal to allow her to travel in the car provided for ladies was unlawful. The jury was instructed that if it found for Mrs. Gray, it should assess such damages as would make her whole, considering the loss of time and the inconvenience to which she was put. Alternatively, if the jury found for the railway, its verdict would simply be for the railway. The jury returned a verdict for Mrs. Gray in the amount of $1,000.
Rule of Law
Issue
Holding and Reasoning (Swing, J.)
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