The Omaha guide., 1934-05-09

to the second aus of action in the
petition that any person who has been
denied any of such Accommodations,
privileges, or facilities, may maintain
an action at law for damages Of such
denil gainst II persons who had de-
MED to him any such Accommodations,
or facilities, or who have aided or m
cited any other persons to make such
denials and is entitled to recover
damages in such an action, in manner
and form as is herein covered by
other instructions given you by the
Court.
You are instructed that this in
struction refers to the second cause
of action of the plaintiff. If you be-
lieve from the evidence that the plain
tiff was prevented by the defendants
or their servants, acting within the
scope of their authority from having
and being accorded full and equal n
joyment of all the Accommodations, adj
vantages, facilities and privileges of
the theatre operated by the defend
ants, and of the place of amusement
conducted by them, and was discrimi-
mated against because Of her color, or
because of her being a member of the
Negro race, and that she was damag-
ed thereby in her feelings. and was
Inundated because Of such action,
then you should find for the plaintiff
and should assess her damages at
such an amount not to exceed $4,000
as you find she has sustained by
reason of such discrimination and
such humiliation. 1t is not necessary
that she should have been excluded
from the theatre or from the first
floor Thereof in orde that she may
damages. If you believe from
the evidence that plaintiff was inter-
fered with and prevented from tax
ing the seat she desired to take, even
temporarily, and although she did not
later take the seat, and if you be-
lieve hat the acts of the defendants
and their servants or any of them,
Inundated her and caused her to
suffer mental distress or pain, she is
entitled to be compensated by damag-
es therefor, if you believe from the
evidence that the plaintiff did not
suffer any such humiliation or pain
or distress, or if you believe that
there was no discrimination practiced
against her by the defendants, you
should find for the defendants.
This instruction refers to the first
cause of action set out in the petit
ton. You are instructed that the
of damages which the
plaintiff may recover, if she is en-
titled to recover damages, is compen-
sation for the physical injuries which
you believe from the evidence the
plaintiff sustained in connection with
the injury inflicted upon her by the
usher, the servant of the
other defendants in the case, which he
was acting within the scope of his
and for all other injuries,
sickness, pain, physical or mental
anguish or suffering, humiliation, in
dignity, bills for physicians services,
medicine and domestic help, and
mental distress which you may he
satisfied from the evidence were d.
rectly caused by or which directly
flowed from the wrongful acts of the
defendants or their servant so acting.
Said damages shall n no case exceed
the amount of 100000. You are not
permitted to find and punitive damag-
es, by which I mean damages i'm
posed upon defendants as a punish
ment. If you believe from the evl-
dence offered that the plaintiff suf-
fered injuries from the defendants
their servant, acting within the
scope of his authority, you will find