Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-06-28
The street RaIlrond case

The following is the decision rendered
yesterday in the case of Harry Johns,
charged with assault and battery, in eject
ing Henderson Young, negro, from his
car
State Of Tennessee rs. Hurry Johns.-In
this cause the deiendent was arraigned upon
charge Of having committed an assault
and battery upon one Henderson Young,
by attempting to forcibly eject said Young
from one of the South Nashville Street
railroad cars.
The defendant claimed that there was a
car running on said road for the accommo-
datiOn of colored people, and so marked
with a sign upon the outside, and that the
enc he was driving was for white people,
and that the prosecutor was a colored man,
and had no right 10 ride ON that car
The proof in the case is, that the prose-
cutor entered the aforesaid car, walked
through il 10 the forward end of the same,
and deposited his fare in the change box.
1fe defendant then told him to come out
on the platform, which he refused 30 do;
but said he would take a seat on the inside,
which he did. The prosecutor was told
again by the defendant TO come out on the
platform, and he again refused to do 80,
therenpon defendant undertook TO forcibly
eject him from said car
The law, az we understand it to be, is,
that a man has right if any one should
intrude himself into his house or domioile,
to use such force as shall be necessary to
eject him, il he should refuse to leayepeace-
ably. So, also, IL a person should, without
the consent of the owner, enter the carriage
or vehicle of another, and be requested by
said owner 10 vacate the same then the
said owner Of said vehicle would, in our
Judgment, be authorized, in case he refused
to comply, to use such force as would be
sufficient and necessary to eject the intruder
therefrom.
We are also of the opinion that private
individuals, owning or running hacks, cabs,
or other vehicles, for which they pay a
privilege license, and do propose to carry
passengers to and fro, have right 10 carry
such as they may see proper, and also re-
fuse 10 carry such other persons as they may
see ft.
But, in our opinion, the case is different
with public and chartered railroad COM
panies; who, we think, cannot refuse to
carry any person who may apply for pas
sage, If there be room on the train. pro-
vided the applicant shall tender the re-
quired fare or present ticket Of said COM
pany. But, We are also of the opinion that
the said company have q right to designate
which car the passenger shall occupy pro-
vided always that If the passenger should
pay first class fare. then the said company
are bound to assign him seat in first
class car. And further, said company, in
our opinion, would have the right TO espe-
ciaily set apart car or cars for ladies, to
the exclusion Of gentlemen, which is now
the common custom Of the different rail
road companies. Now, If said companies
have right to set apart any particular car
for ladies, which we feel satisfied they
have. then they certainly have the same
sight 10 designate caTtain cars for white
persons. and certain cars for col0Ted per
sons.
Now. as il has been claimed by the de-
fendant in this cause, that there was car
running on the said street railroad, 10y
whom he was employed, for the benefit and
accommodation Of coloFed people, and that
the car he tthe defendsni) was driving, was
for the accommodation Of white people,
therefore. he insisted he had the right 20
iorcibly eject the prosecutor from the car
We are Of the opinion that before he (the
DEFENDANT would have had the right 80 to
do, it would have been his duty to have
placed on his car in some conspicuous
place, notice that his car was for white
people thereby notifying ali persons Of the
fact Then We think he would clothe hiIn-
self with the authority 10 eject any person
aot privileged 10 ride on said car. Bat, in
this cause, there Is no proof that fhe de-
iendant did 80 mark his car, thereby giving
public notice therefore we lind him
guilty OF assault and battery as charged in
the warrant, aud that be be fined S. and
the costs OF this suit.