Brumfield v. Consolidated Coach Corporation
| Decision Date | 19 June 1931 |
| Citation | 240 Ky. 1 |
| Parties | Brumfield v. Consolidated Coach Corporation. |
| Court | United States State Supreme Court — District of Kentucky |
4. Appeal and Error. — Conclusions of trial judge, respecting qualifications of jurors, will not be disturbed on appeal, unless discretion is abused.
5. Jury. — Court held not to have abused discretion in retaining jurors stating they would try case according to law as given by court.
Several jurors, drawn in action for damages for refusal to accept colored person as pasesnger on bus, stated that they did not believe colored persons should be permitted to ride on same bus with white persons, whereupon court asked jurors that in event court should instruct jury that colored persons had right to ride on bus at the same time white persons were riding, and that being the law of the case, if they would follow law in respect as given by court, and wholly disregard private opinion, retaining only such jurors as answered question in affirmative.
6. Carriers. — Oral rule of bus company, in respect to reservations of seats, held properly admitted, in action for damages for refusal to accept passenger.
7. Corporations. — Corporate by-laws are for government of officers in dealing with corporation, and must be adopted by body of stockholders or board of directors.
8. Corporations. — All regulations affecting business of corporation, and not operating on third persons or affecting their rights, are properly "by-laws."
9. Corporations. — Rules and regulations which operate on and affect rights of third persons are not within operation of principle of "by-laws."
10. Carriers. — Carrier has authority to adopt and enforce reasonable regulations in respect to transporting passengers.
11. Carriers. — Corporation may delegate powers to adopt reasonable regulations, in respect to transporting passengers, to employees engaged in operation of property.
12. Carriers. — Carrier of passengers has duty of adopting rules and regulations necessary to perform duties to traveling public with highest degree of efficiency.
13. Carriers. — Adoption and enforcement of regulations by carrier, in respect to transporting passengers, are subject to requirement that they must be reasonable.
14. Carriers. — Reasonableness of regulations adopted by carrier for transportation of passengers is question of law for court.
15. Carriers. — "Ticket" is not contract of carriage, but only memorandum of agreement.
16. Carriers. — Passenger, in absence of express contract to contrary, accepts ticket subject to customs and usages, and rules and regulations of carrier.
17. Carriers. — Ticket entitles passenger to transportation within reasonable time, and not on any particular train, bus, or vehicle used by carrier.
18. Carriers. — Right of passenger to be carried by common carrier is superior to, and not affected by, rules and regulations of carrier.
19. Carriers. — Accommodation of passengers while boarding vehicle for transportation, or being transported, is subject to rules and regulations of carrier, provided they are reasonable and generally applicable.
20. Carriers. — Carriers are bound to carry all persons who apply for passage if accommodations are sufficient, unless there is proper excuse for refusal.
21. Carriers. — Inability of carrier at common law to carry passenger, for want of room in vehicle, was justification for refusing transportation.
22. Carriers. — Carrier, in case seats in bus were occupied or contracted for by other passengers, in accordance with reasonable rules and regulations governing business, was justified in refusing to accept prospective passenger.
23. Carriers. — Common carrier cannot receive and reject passengers at pleasure.
24. Carriers. — Carrier refusing to receive passenger with ticket, or qualified to purchase ticket, without sufficient excuse, is liable to action for damages.
25. Carriers. — Law requires carrier to receive and transport passengers without discrimination and with impartiality.
26. Carriers. — Delivery of ticket to passenger is sufficient evidence that carrier contracted to carry him to point named in ticket within reasonable time, subject to right to assign holder to particular vehicle and seat.
27. Carriers. — Carrier, in absence of statute, may, by reasonable rules and regulations, prescribe number of passengers that shall ride at any one time on cars or vehicles.
28. Carriers. — Carrier may adopt and enforce rules providing that when its coaches or vehicles contain prescribed reasonable number of passengers, others desiring passage may be refused admittance.
29. Carriers. — Measure of damage for carrier's negligent delay in furnishing or failing to furnish transportation, when not notified of purposes of trip, is merely compensation for loss of time and expense incurred during delay.
30. Carriers. — One intending to take passage may in advance make arrangements with carrier for transportation for special occasion or trip.
31. Carriers. — Action may be maintained against carrier for delay or failure to transport as per contract.
32. Carriers. — Arrangement by telephone from hotel with bus company for transportation of passengers constituted contract with carrier.
33. Carriers. — Carrier may by custom establish policy of receiving or discharging passengers at places other than its depots or stations.
34. Carriers. — Carrier's failure to transport passengers, in accordance with arrangement pursuant to telephone conversation, renders it liable for damages.
35. Automobiles. — Operator of bus line, by virtue of license issued by commissioner of motor vehicles, may adopt rules, regulations, or customs not in conflict with rules and regulations prescribed by commissioner (Ky. Stats., secs. 2739j-9, 2739j-13).
36. Carriers. — Rule of bus company permitting it to take and receive or discharge passengers while en route, held not unreasonable (Ky. Stats., secs. 2739j-9, 2739j-13).
37. Carriers. — Prospective passenger, when purchasing and receiving bus ticket, impliedly consented to enforcement of all existing permanent, reasonable rules, customs and usages of carrier known to public.
38. Carriers. — In absence of statute to contrary, rules and regulations of carrier may exist and bind both carrier and passengers, without being promulgated in writing or in print.
39. Carriers. — Formal adoption and publication of wellknown rules and regulations of carrier is unnecessary.
40. Carriers. — Rule of carrier affecting entire traveling public and business of passenger traffic may be communicated and made known to public in any manner sufficient to answer purpose, in absence of statute to contrary.
41. Carriers. — Notice of existence and operation of reasonable rule or regulation of carrier need not be brought to actual knowledge of each person purchasing ticket.
42. Carriers. — Rule or regulation of carrier, in respect to transportation of passengers, may grow out of and from custom and usage.
43. Customs and Usages. — General custom or usage, universal in application, is presumed to be taken into consideration by all parties when entering into transaction.
44. Customs and Usages. — Custom of carrier relied on as defense, in action against carrier for refusal to accept passenger, must be pleaded before evidence thereof may be admitted.
45. Carriers. — Carrier may by custom establish rule to receive and unload passengers at any convenient point between termini of its route.
46. Carriers. — No rule, regulation, custom, or usage may be relied on by carrier which will permit it to discriminate against or in favor of passenger on account of race or color.
47. Pleading. — Pleading must be construed most strongly against pleader.
48. Railroads. — Separate coach law applies with like effect to both white and colored passengers using railroads for travel (Ky. Stats., sec. 795 et seq.).
49. Automobiles. — Separate coach law does not apply to bus lines (Ky. Stats., secs. 795 et seq.)
50. Carriers. — Bus company, in discharge of duty as carrier, must use public conveyances for transportation of passengers without favor or discrimination to all persons, unless objectionable on account of contagious disease or some abnormal condition.
51. Carriers. — Carrier must receive, treat, and transport all persons, affording same convenience, safety, and protection of health, without regard to race, creed, color, or previous condition of servitude.
52. Carriers. — Common carrier, in absence of statute, has right to prescribe regulations for separation of white and colored passengers, giving equal protection and accommodation to both.
53. Carriers. — Passengers are entitled to be transported within reasonable time without discrimination, but without right to select coach, or vehicle, or seat.
54. Evidence. — Evidence that bus driver, in refusing passage to colored woman, acted impudent and insulting, was admissible, in action against carrier for damages, as part of res gestae.
55. Trial. — Plaintiff, in action against carrier for damages for refusing passage, not alleging tortious conduct of driver of bus, was not entitled to instruction authorizing recovery predicated thereon.
56. Trial. — Verity of conflicting testimony is question for jury under appropriate instructions.
57. Appeal and Error. — Appellate court will not reverse judgment because jury believed one set of witnesses rather than another.
58. Carriers. — In absence of statute, common law must be looked to for applicable law, in respect to damages against carrier for refusing to accept passenger.
59. Trial. — Plaintiff cannot...
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Farmer v. Pearl
...has wide discretion in permitting or limiting the voir dire examination of prospective jurors in civil cases. Brumfield v. Consolidated Coach Corp., 240 Ky. 1, 40 S.W.2d 356 (1931). The record in the case at bar does not show that the trial court abused its discretion and certainly does not......