New national era. [volume] (Washington, D.C.) 1870-1874, 1873-02-27
District Court,
rhe Case OF Emms Coger vs.. ~ ". q.
racket Co"pany-JudGe Trscy's Iu.true-
tions to the Jury

.
lions to the Jury.
The following is the charge OF Judge Tracy
in civil rights case at Kcokuk, Iowa. Of
which correspondent writes in another
column:
/ Gentlemen Of Ire inn.
/ The plaintiff in this action claims to rc-
cover damages of the defendant because az
alleged injuries received ut the hands of 'L.,
officers IN charge of one ofdclendant'S steam,
. boats, and because of the denial Of the ri,htS
ana privileges III passenger upon said
steamboat, by the officers thereof Wide max
ing the voyage from the port of kcoHul, IN
TINS State, to the city of QujnCy, in the State
I OF Illinois,
I The defendant, by their answer. dcuyall the
material allegations contained in plaintiu',
petition, and claim of plaintiff. hv way e.
crosS-demand, damages for injuries done 10
defendants property while she was upon the
boat aforesaid at the time named.
tlaintit denies the allegations OF defend
ants cross-dcmand, and thus the issues are
made between the parties, which YOU are
called upon TO decide, in the light of the cvi-
dence, and the law rs given TO You by this
court.
The defendant, as 4 common carrier Of
passengers upon the Mississippi river, had
the power and legal right to make reasonable
and proper rules and regulations for the con-
duct and accommodation of all persons who
travel upon their boats.
The sale of ticket To a passenger is 4
contract to carry him or her according To the
reasonable regulations and usagcs of the
company, and The passenger, by the purchase
OF the ticket, is presumed To- contract with
reference to them.
The right of passengers to Il passage on
board OF steamboat is not an ,DaljmiiCa
right, but is subject To such reasonable rules
and regulations as the proprictors may pre-
scribe for the due accommodation of passcu-
gers and for the due arrangement Of their
business. They have the further right To
consult and provide for their own interests
in the management of their boats
The duty of common carriers to carry PAS
sengcrs is imposed by law for the convenience
of the community at large, and not of indi-
vlduals, except 50 far as they are component
parts OF the community, and common carriers
are not required, for the accommodation of
particular individuals, to inCOmmodc the COM
munlty at large.
The defendant. rs common carrier of pas
sengers, had the legal right, as | have al
ready said to you, to adopt reasonable rHicS
and regulations concerning the convenience,
comfort, and safety of its passengers such,
for example, as admitting to the ladies' cabin
such gentlemen only rs are accompanied 10y
ladies'; seating parties or families travelling
together at the same table, or adjacent to
| each other the seating gentlemen unaccom-
panied by ladies in the gcntlcmcn's cabin,
and the like These and other like reoson-
| able rules and regulations may he adopted
and enforced by the common carrier of pas
sengers for hire. But all persons, mobicC-
| tionable in character and department, she
observe all reasonable rules and regulations
| pf tho carrier yln ,D,
| pay, tirSt-cidsS fare, are entitled, irrespective
Of race or coior, t. receive upon the boats of
| the common carrier, fFSt-Ctass accommodations.
| If the plaintiff in this suit was objectionable
in character and department, and, but for
her color and blood, was entitled to rst-clas5
accommodations, and paid, or offered to pay,
| to the proper officers of the boat, the price
charged for iirst-class accommodations then
| say to you, and so charge. that the plaintiff
was entitled to the same hts and privileges
when upon said boat that other passengers
upon the same boat, similarly Circumstanccd.
| of purely AnglO-SaYon origin were entitled
| to. And if plaintlli's rights to irst-ClasS aC-
| cOmmodatiOns were denied her simply be-
cause she has African or negro blood in her
veins, and if she, for this reason only, was
iorcibly and violently removed from the
table in the cabin Of tho boat, and forcibly
| elected thcrcirom, after having paid, or Of
meal at some one Of the tables, in the cabin
Of the boat then the court charges Won that
the pLdmi,V is entitled to recover III this
account.
If the paintin, upon entering the boat at
the time in question, voluntarily and know
ingly purchased a passage ticket, defining
and limiting her rights as Il passenger, then
she was bound by the special contract upon
said ticket to the extent there expressed.
a. a. tot
simply related to transportation and did not
include meals, then plaintiff was entitled to
the rights and privileges Of other cabin pas
: sengers similarly situated and of like charaC-
ter and department, except so far IA abridged
, or limited by the aforesaid ticket.
Taking for your guide what | have already
said to you concerning the rights Of the COM
mon carrier to adopt reasonable rules and
I regulations for the comfort and convenience
Of passengers, if you find that the plantin
brought upon herself the injuries she COM
plains Of, because Of the violation Of reason
able and proper rules Of the defendant, and
if the officers Of the boat, Lecause Of the yiO-
8 latiOn Of reasonable rules and regulations OF
. the boat by plaintiff, and not simply because
Of her color, removed the plaintiff from the
table when seated, and used only reasonable
a and necessary force to remove her, then the
: defendant is not liable for damages IN this
n action.
But the court charges you al a proposition
Of law that the rule contendcd for by cOunse
II for defendant in this suit, viz that all per
s. sons Of African descent taking passage a
3 board Of defendants boats, shall, for thii
cause only, submit TO the rule Of the com
pany, requiring such persons 10 take then
/. meals in the pantry OF on the guards Of The
&c boat, is not a reasonable but an unreasonable
e rule, and must be di.regardcd By you in de
=, Gliding this case under the evidence and Thu
law as annOunccdt to you by the court.
III If you find for the plaintiff you shout
award her such reasonable amount Of dan
nc ages az may fully compensate her Tor al! in
q. juries received and for all expenses INQUIRE
by reason Of coming into court for the win
81 dcatiOn Of her rights and redress 81 be
III grievances.
ee If you find against the plaintiff and find
nd favor Of defendant upon it, cross claim, the
you will so say by your verdict and asses
~ defendants damages nj such an amount 9
% the evidence will warrant.
sc You will now take this case, gentlemen
FIR. the jury, and give to it that careful and d
- liberate consideration that the impOrta,
y questions involved demand at your hand.
as and when you shall have 50 done, report
II