New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-05-24

statute enacted to enforce that article. She
was excluded from railroad car In whlch
there were white persons, while she held
ticket not distinguishable from the ticket
of white person. He was excluded from
the parauette of . theater open to white
persons, while holding ticket in every
respect like the ticket OF white person.
She refused seat in car as safe, clean
and comfortable as that set apart for white
persons, and in fact car used by white
and colOred persons alternately. He was
not permitted to enter theater unless ne
consented to accept inferior accommodation
in place set apart for particular class OF
the population, in defiance of law. She got
into the car assigned to colored people, and
was conveyed safely to the end OF her
iourney. He was obliged to abandon his
efforts to reach his objective point-chair
No. 619 in the parquette of the Academy OF
Music. She received consideration and
benefit for her ticket; he received nothing
tor his. 1t is the discrimination in the use
of the Academy of Music on account
OF colcr, which is the subject OF DIS
cussion in this cause: and not the
allegat on that the plaintiff could not enter
that theatre at all.
The court is satisfied from the evidence
that the defendant Disseminated against
the plaintiff on the evening Of the seventh
of March, 1874, on account of color and race,
and violated the law. That said defendant
then and there infringed on the right OF the
plaintiff to enter the paruuette aforesaid.
and is liable to the latter for damages.
In an action of this kind proof OF special
damage is not necessary to recover. The
actual pecuniary damage can rarely be
proved, and is never the sole rule OF assess
menr. The court has no fixed rule OF assess
%oJ, INTO dar "a.
ton the disgracetul nature OF the injury
done to the plaintiff, and its effect on his
standing in society, in exposing him to pub
lie contempt or ridicule, and causing him
mental suffering. The trouble and expense
incurred by him in seeking relief must also
be considered. In the case of Mrs. Josephine
Decuir VS. John G. Benson, the plaintiff, a
respectable colored lady, brought her ac-
ton against the owner of the steamboat
Governor Allen for refusing her the same
accommodation as that accorded to white
cabin passengers, while travelling on that
boat from New Orleans to the parish OF
Pointe Coupee. The suit was instituted in
the Fifth District Court of this parish, and
tried before Judge CullOm, who gave a judg-
ment in favor of plaintiff as damages, in the
sum of one thousand dollars. An appeal
was taken to the Supreme Court where the
Judgment was affirmed. That Case presented
the same question as that which is to be de-
termined in the present action.
When the constitutional provisions. the
laws. and the judicial decisions herein re-
ferred to are considered, and the circum-
stances of this case carefully examined, it
is impossible to discover anything in the
management of the Academy of Music
which precludes the plaintiff from recover
ing damages. This court has before it as
nlantiff a citizen vindicatiny his manhood
and citizenship, and appealing to the laws
Of the land for the redress of premeditat-
ed injury done him by the defendant
through one of his agents. 1t is the duty
of the court to grant that redress.
1t is therefore ordered that there be judg-
ment in favor of the plaintiff, Peter Joseph,
and against the defendant, David Bidwell,
in the sum of $1,000, as damages, and also
the costs of suit
John j. Clermont vs.. John O'Neil.
Charles Lewis VS.. Hugh McClOskey.
George Washington We. same.
Actions under civil rights bill. Suits for
$500 each. Judgment for 5000 each.