Conley v. Central Kentucky Traction Co.

• Decision Date: 13 March 1913
• Citation: 152 Ky. 764,154 S.W. 41
• Parties: CONLEY v. CENTRAL KENTUCKY TRACTION CO.
• Court: Kentucky Court of Appeals

154 S.W. 41

152 Ky. 764

CONLEY v. CENTRAL KENTUCKY TRACTION CO.

Court of Appeals of Kentucky.

March 13, 1913

Appeal from Circuit Court, Franklin County.

Action by Carrie Conley against the Central Kentucky Traction Company. Judgment for defendant, and plaintiff appeals. Affirmed.

Scott &amp Hamilton, of Frankfort, for appellant.

Hazelrigg & Hazelrigg, of Frankfort, for appellee.

CLAY C.

On August 13, 1908, plaintiff, Carrie Conley, a colored woman was a passenger en route from Frankfort to Lexington on one of the cars of the Central Kentucky Traction Company. Claiming that while she occupied the compartment set apart for colored people the conductor in the employ of the Central Kentucky Traction Company undertook to compel her to vacate said compartment and to ride in the vestibule of the car, and upon her refusal to do so the conductor insulted her, and encouraged and permitted white passengers to occupy the same compartment with her and to insult and humiliate her, and that by reason thereof she was injured and humiliated in her feelings, plaintiff brought this action against the Central Kentucky Traction Company, asking, in the first paragraph of her petition, damages in the sum of $1,000. In the second paragraph of her petition she alleged that on August 14 1908, she was a passenger en route from Lexington to Frankfort, and the conductor and white passengers who had boarded the car were guilty of conduct similar to that set out in the first paragraph, and asked damages on this account in the sum of $1,000. Defendant denied the allegations of each paragraph of the petition. Two trials were had. The first trial resulted in a verdict and judgment in favor of plaintiff for $200. The trial court granted a new trial. The second trial resulted in a verdict in favor of the defendant. Plaintiff moved that the first verdict and judgment be substituted for the last. This motion was overruled, and judgment was entered in favor of the defendant. Plaintiff appeals.

The only question presented for review is the propriety of the trial court's action in granting a new trial.

Briefly stated, the evidence is as follows: On the morning of August 13, 1908, plaintiff took passage on one of defendant's cars for Lexington. She was accompanied by a friend of hers from Chicago. They paid their fare from Frankfort to Versailles. En route to Versailles there were only three colored passengers in the colored compartment. When she and her friend reached Versailles, the other passenger got off, leaving only two colored passengers in the car. At Versailles a large crowd of white people, bound for Lexington, got on the car for the purpose of going to the Blue Grass Fair. Carrie Conley states that when the car reached Versailles the conductor came in and asked them if they were going to get off. She said: "No; we are not going to get off." Later on he asked the same question. She replied that they were passengers for Lexington. After they refused to get off, the conductor said: "If you all won't get off the car, you will take seats outside with the motorman." She and her friend declined to do so. The conductor said: "We will put chairs out there, and it is nice and cool, and you won't have to pay any fare." Plaintiff's friend said, "We are not hunting a free ride." After that they kept their seats. The conductor put the white women and children in the front coach, and let the men who could not get into the front coach crowd the colored compartment. It was very unpleasant in the car. When the conductor came back, plaintiff said: "What do you expect to do? You are crowding us all out here." The conductor made no answer. Plaintiff then said, "I will certainly report you when I get to Lexington." When the car reached the fair grounds, all the white people got off. Plaintiff paid no fare from Versailles to Lexington. Plaintiff says it was very unpleasant in the car; and that some of the white passengers made the remark that they wished the car would run off the track. She did not appreciate at all the way she was treated. She did not think she was treated right. It put her and her friend in a bad condition. The next afternoon, it being August 14th, plaintiff left Lexington on the 5 o'clock car. The same conductor was in charge. When they reached the fair grounds, a large crowd of white people boarded the car. The conductor came into the colored compartment and spoke to a man and woman, who got up and went out. The conductor said to plaintiff, "You get up and go out there and ride with the motorman." His demeanor was awful. "He spoke as hateful as he could. He wasn't a bit pleasant--just like we were not people." When he had marched everybody else out he said, "You get on the front there and ride with the motorman." Plaintiff replied that she would not do so. Plaintiff then kept her seat. The conductor's manner was rough. The people laughed at plaintiff and her friend. There was no vestibule on the car on which they returned. She heard a passenger say something about negroes and fumigating the car. On cross-examination plaintiff stated that the passengers laughed at the colored people who consented to being led out. When she said, "I am not going to give up my seat," they got quiet.

Rebecca Roberts stated that she was a passenger on the car on August 14th. After they reached the fair grounds, a large crowd of white people got on, and the conductor asked the colored people to go out and ride with the motorman. Some white gentleman said, "We will have to fume the car with sheep dip so we can ride on it." This witness offered the fare to the conductor, but he would not take it.

Ada Mack, the companion of Carrie Conley, testified that when the car going from Frankfort reached Versailles a large crowd of white people got on. The conductor asked her and Carrie Conley if they would not wait for the next car. Witness said, "No;" that they were in a hurry. The conductor said, "We will let you go for half fare." He also said: "If I put chairs out there with the motorman, will you ride there?" Witness said: "No; this is the place for us." The conductor then went away. Witness asked him if those white men had to ride in the car with witness. The conductor said, "There is no place else for them." When witness told the conductor she was going to report him, he got angry. The conductor asked her in an ordinary manner to get off at Versailles. One of the white men was smoking. She and Carrie Conley were the only colored persons in the colored compartment.

For the defendant, J. R. Farris testified that he was the conductor in charge of both cars. When the car from Frankfort reached Versailles, he only had two colored passengers in the colored compartment. He suggested to them that if they would take a seat on the front it would give much more room for the other passengers. The colored passengers refused to do so. He...