Brown v South Carolina Electric Gas Company Appendix to Appellants Brief

    lutftfli States (Himrt of Appeals
For the Fourth Circuit

No. 7276

SARAH MAE FLEMMING- BROWN,
Appellant.

vs.

SOUTH CAROLINA ELECTRIC AND GAS 
COMPANY, a corporation,

Appellee.

A ppeal, F rom t h e  U nited S tates D istrict  Court 
for th e  E astern D istrict  op S ou th  Carolina

APPENDIX TO APPELLANT’S BRIEF

L incoln  C. J e n k in s , Jr.,
1107% Washington Street, 

Columbia, South Carolina,

R obert L . Carter,
T hurgood M arshall ,

107 West 43rd Street,
New York, New York,

Attorneys for Appellant.

Supreme Printing Co.. I nc., 114 W orth Street, N. Y. 13, BEekman  3 - 2320



I N D E X

PAGE

Com plaint........................................................................  la
Motion to D ism iss..........................................................  5a
Answer ............................................................................  6a
Testim ony........................................................................  9a

Plaintiff’s Witnesses 
Sarah Mae Flemming:

Direct .......................................................................  13a
Cross ........................................................................  22a
Redirect ...................................................................  25a
Recross ....................................................................  31a

Julia Elizabeth King:
Direct ....................................................................... 32a
Cross ........................................................................  37a
Redirect ...................................................................  41a
Recross .................................................................... 42a.

Mozelle Martin:
Direct ...............................   43a
Cross ........................................................................ 46a
Redirect ...................................................................  48a

Motion to Dismiss and for Directed V erd ict........ 51a
Oral Decision and O rd er........................................... 52a



la

APPENDIX TO  APPELLAN T’S BRIEF

Initei* £tata (tort of Appals
For the Fourth Circuit

No. 7270

---------------------- o---- — — — - —
S arah  M ae F lem m in g  B row n ,

vs.
Plaintiff,

S ou th  Carolina E lectric and Ga s  Com pany , a corp ora tion ,
Defendant.

---------------------- o--------- -------------

Complaint

The Plaintiff complaining of the Defendant herein, 
alleges:

1. That the Plaintiff is a female citizen of the Negro 
race, residing at 1107 Page Street in the City of Columbia, 
County of Richland, State of South Carolina.

2. That the Defendant is a public utilities corporation 
duly organized and existing under and by virtue of the 
laws of the State of South Carolina, and as a common 
carrier is engaged in the business of transporting passen­
gers for hire by auto bus on a regular schedule within the 
City of Columbia, County and State aforesaid.

3. The action arises under the Constitution of the United 
States, Article 4, Section 2, Clause 1; under the Fourteenth 
Amendment to the Constitution of the United States, Sec­



2a

tions 1 and 5; under Act of Congress, R. S. Section 1977, 
derived from Act of May 31, 1870, Ch. 114, Sec. 16, 16 Stat. 
144; U. S. C., Title 42, See. 1981; and under the Act of 
Congress, R. S. Section 1979, derived from Act of April 
20, 1871, Ch. 22, Sec. 1, 17 Stat. 13; IT. S. C., Title 42, Sec. 
1983; and the jurisdiction of this Court is based upon the 
Act of Congress June 25, 1948, Ch. 646, Sec. 1, 62 Stat. 
932, eff. Sept. 1, 1948; U. S. C., Title 28, Sec. 1343(3).

4. That on or about the 22nd day of June 1954, at 
about 9 o ’clock A. M. the Plaintiff boarded a bus owned 
and operated by Defendant at the corner of Taylor and 
Main Streets in the City of Columbia and paid the required 
fare.

Complaint

5. That said bus was crowded, and on information and 
belief that every seat was taken, causing people to be 
standing in the aisles, nearly to the driver’s seat; that 
there were mostly persons of the Negro race on the said 
bus; that Plaintiff was standing near the front, when after 
one block, a white person departed leaving a vacant seat 
adjacent to where the Plaintiff was standing; that by the 
custom and usage, then and now prevailing in said City, 
County and State, the front part of a public bus is set 
aside for white people and a rear portion for those of the 
Negro race.

6. That there was then no white persons standing and 
without a seat, and that as this was a single seat, not next 
to a white person, Plaintiff sat down; that upon taking 
said seat, the bus driver, defendant’s employee and agent, 
acting within the scope of his employment and agency, 
and acting under color of Title 58-1491 through 1496, 
Code of Laws of South Carolina, 1952, which Plaintiff is 
informed and believes is unconstitutional and therefore



3a

null and void, and under color of customs and usages in 
said City, County and State, which are without warrant 
or authority in law, but which prevail and pertain to the 
segregation of races on public tranportation by motor 
vehicle carriers, because Plaintiff was a Negro, ordered 
Plaintiff from said seat in the front portion of the bus 
in threatening and abusive language and tone.

7. That Plaintiff, in order to avoid a further scene, 
and fearing for her person, and because she was being- 
held up to contempt and ridicule because of her race, made 
the appropriate signal for stopping said vehicle after 
traveling only two blocks on same, although her original 
destination was quite distant; that as a few white people 
were getting out the front door of said bus, and as Plain­
tiff was far forward in said bus, in order not to incon­
venience a large number of passengers, attempted also to 
depart by the front exit, whereupon Defendant’s employee 
ordered Plaintiff to get out the rear exit, because she was 
a Negro, and then struck Plaintiff in the abdominal region 
with his hand or fist in order to enforce his command.

8. That, Plaintiff is informed and believes that as a 
citizen of the United States, she has and had every right 
and privilege to occupy any seat of her choice upon said 
public conveyance, having paid therefor, without regard 
to race or color; has and had every right and privilege 
to be treated in as courteous and humane manner by said 
defendant public utility as is afforded white citizens, and 
lias and had every right and privilege of departing said 
public conveyance from the same exits open to white 
citizens; and that because of the foregoing actions on the 
part of the Defendant acting under color of the law, customs 
and usages, as hereinbefore set out, the Defendant did 
wrongfully deprive tbe Plaintiff of the rights, privileges

Complaint



4a

and immunities secured her by the Constitution of the 
United States and the laws of Congress implementing same, 
as heretofore set out, and further deprived her of equal 
protection of the law, and denied her due process of law.

9. That as a result of said wilful, wanton, reckless and 
malicious actions on the part of Defendant in acting under 
color of said laws, usage and customs as aforesaid, in so 
wrongfully depriving the Plaintiff of those rights, privi­
leges and immunities guaranteed to her and to be protected, 
as aforesaid, Plaintiff has been injured and damaged in the 
sum of $25,000.00 actual and punitive damages.

W herefore, Plaintiff prays judgment against the De­
fendant for the sum of Twenty-five Thousand and no/100 
($25,000.00) Dollars, actual and punitive damages, for the 
costs of the action, and for such other and further relief 
as the Court may deem proper.

P h illip  W ittenberg,
Attorney for Plaintiff,

204 Barringer Building, 
Columbia, 8. C.

Columbia, 8. C., July 20, 1954.

Complaint



Motion to Dismiss

To:
P h ilip  W ittenberg , Esq.,

Attorney for Plaintiff.

The defendant moves the Court as follows:

1. To dismiss the action in accordance with Rule 41(b), 
Federal Rules of Civil Procedure, on the ground that the 
Court lacks jurisdiction (a) there being no diversity of 
citizenship, and (b) because this action is brought against 
a corporate defendant, while it is alleged on the face of 
the complaint that the acts and things complained of were 
the acts of an individual, defendant’s bus driver, “ acting 
under color”  of statutes of the State of South Carolina 
over which this defendant has no control and performing- 
acts which this defendant has no authority to prevent; 
and such acts were not the acts of this defendant and 
plaintiff has no claim against it under the provisions of 
Title 28, section 1343(3) IT. S. Code.

2. To dismiss the action on the ground that the acts 
and things complained of were performed under valid 
statutes of the State of South Carolina, and this defendant 
is not liable for damages arising from the enforcement 
thereof, whether or not the person committing the acts 
complained of was held to be its agent in the enforcement 
of said statutes.

3. To dismiss the action on the ground that the com­
plaint fails to state a claim upon which relief can be granted 
against this defendant, in that plaintiff has alleged no 
“ deprivation”  suffered at the hands of this defendant 
for which redress might be granted; alleging, to the con­



6a

Answer

trary, voluntary acquiescence in demands made upon her 
by a special policeman under the laws of this State.

/ s /  Cooper & Gaby ,
Attorneys for Defendant,

508 Palmetto Building, 
Columbia, S. C.

/ s /  P au l  A. Cooper,
/ s /  F ran k  B . Gary,

of Counsel.

Columbia, S. C., September 7, 1954.

Answer

The defendant, reserving its right to have heard its 
motions to dismiss and to strike matter from the complaint 
herein, answering the complaint herein, would respectfully 
show:

F or th e  F irst  D efense

1. The complaint fails to state a claim against this 
defendant upon which relief can be granted.

F or a S econd D efense

2. The defendant denies each and every allegation of 
the complaint not hereinafter specifically admitted.

(a) It admits the allegations of paragraphs 1 and 2 
of the complaint.

(b) It admits on information and belief the allegations 
of paragraph 4 of the complaint.



Answer

(c) It denies the allegations of paragraphs 3, 5, 6, 7, 
8, and 9, of the complaint; and in answer thereto 
alleges on information and belief that the acts and 
things alleged in the complaint, if such occurred, 
were the acts of a special policeman under the Laws 
of the State of South Carolina in the performance 
of his duty, and were not the acts of this defendant.

F oe a T hird  D efense

3. Further answering the complaint herein, the defend­
ant alleges that any act or thing done by defendant’s bus 
driver in performance of his duties as an agent and servant 
of this defendant were reasonable and necessary in all the 
circumstances to preserve order and convenience of pas­
sengers on its bus; and that any disturbance or alleged 
embarrassment caused plaintiff was the result of her own 
refusal to follow the plain instructions of the driver, or to 
obey the large and clearly-lettered signs posted in the bus 
directing passengers to leave the bus through the center 
door, and the further large sign over the front door indicat­
ing that it is for entrance only.

F or a F ourth  D efense

4. If this defendant be deemed an agent of the State 
of South Carolina in the enforcement of its laws with 
regard to segregation of the races on its buses, then it is 
specifically alleged that its enforcement of such laws, by 
its driver, was reasonable and proper, and no more force 
and inconvenience than was necessary in the circumstances 
was employed by its driver in the enforcement thereof.

F or a F ifth  D efense

5. Any loss, damage, or embarrassment, if any, suf­
fered by the plaintiff in all the circumstances was caused



8a

by her own voluntary disregard of and violation of reason­
able rules and regulations for the operation of defendant’s 
public transportation system, and the orderly accommoda­
tion of passengers therein; and this plaintiff is not entitled 
to recover damages resulting from her own unnecessary 
and unreasonable acts; and has suffered no deprivation 
of right at the hands of this defendant entitling her to 
recovery.

Answer

W herefore the defendant prays that the complaint be 
dismissed with costs.

,/s,/ Cooper & Gary,
Attorneys for Defendant, 

508 Palmetto Building, 
Columbia, S. C.

, / s /  P au l  A. Cooper,
/ s /  P ran k  G. Gary ,

of Counsel.

Columbia, S. C., September 7, 1954.



9a

Testimony

[1] Federal Court House, 
Columbia, S. C.,
June 12, 1956.

Before:
How. George, B ell  T im m er m an , TJ. 8. District Judge,

and a jury.

Appearances:

P h il ip  W ittenberg , Esquire, Columbia, S. C., repre­
sented the plaintiff.

F ran k  B. Gary , Jr., Esquire, F ran k  K. S loan , Esquire, 
A rth u r  W illiam s , Esquire, and W. C. M cL a in , 
Esquire, represented the defendant.

B. 1). Cook, Official Reporter.

[3 ] P roceedings

The Court: Gentlemen of the Bar, I am calling the case 
of Flemming against South Carolina Electric and Gas 
Company. What says the plaintiff?

Mr. Wittenberg: Plaintiff is ready.
The Court: What says the defendant?
Mr. Gary: Defendant is ready, sir.
Mr. Wittenberg: If your Honor pleases, I would like 

to state for the record, to renew the motion that was made 
in front of your Honor at the pre-trial conference request­
ing judgment and verdict on the pleadings in the case.

The Court: You may note your motion. It is refused.
Are there any questions that anybody desires to be asked 
of the jury?

Mr. Wittenberg: If your Honor please, I have sub­
mitted to the Court a list of questions.



IGa

Plaintiff’s Requested Questions on Voir Dire

The Court: I have something here that has no title
on it and I couldn’t tell by loking at it where it came from.

(The paper plaintiff’s counsel submitted to the Court 
is copied into the record as follows:)

“ P l a in tiff ’s R equested Questions on V oir D ire

1. Are any jurors related by blood or marriage to Warren 
H. Christmas?

2. Are any jurors related by blood or marriage to the 
[4] following prospective witnesses:

Mrs. C. E. Putnal 
Miss Connie Hayes 
Miss Alice Addy 
Mrs. Cr. W. Russell

3. Are any jurors employed directly or indirectly by the 
South Carolina Electric & Gas Company or its sub­
sidiaries ?

4. Are any jurors officers, directors, or stockholders of the 
South Carolina Electric & Gas Company or its sub­
sidiaries ?

o. Are any jurors related by blood or marriage to an em­
ployee, officer, director, or stockholder of the South 
Carolina Electric & Gas Company or its subsidiaries?

fi. Are any jurors employees of or related to any em­
ployees of the South Carolina Public Service Commis­
sion or the office of the Attoney General?

7. Knowing that this is a case involving the alleged civil 
rights of a Negro, is there any juror who could not 
render an impartial and unbiased verdict?”



31a

Colloquy

The Court: What is the significance of your first
request? I don’t know anybody by the name of Christmus 
who is connected with this case.

Mr. Wittenberg: He is the principal witness for the 
defendant, the bus driver in the case.

The Court: I can’t exclude a juror because he is [5] 
related to a witness. We would have terrible trouble ever 
trying a case that way. Who are all these other people 
you are asking about?

Mr. Wittenberg: It is the same thing. They are
prospective witnesses in the case, your Honor.

The Court: What do you say, gentlemen, about the
requests to inquire if the jurors are related to witnesses?

Mr. Gary: We don’t think that is a basis for exclusion.
The Court: I don’t see that it is a ground for exclu­

sion. I will ask the jurors this: Is any juror related by 
blood or marriage to the plaintiff, Sarah Mae Flemming? 
If so, stand and state your relationship. (Pause and no 
answer.) Is any juror employed by the South Carolina 
Electric and Gas Company? If so, stand, make the facts 
known. (Pause and no answer.) Is any juror an officer, 
director, stockholder, employee or agent of the defendant 
South Carolina Electric and Gas Company? If so, stand 
and make the connection known. (Pause and no answer.)

Mr. Williams: Your Honor, we have been furnished
with a list of these questions and we make the same objec­
tion to No. 5 and No. 6 as we did to No. 1 and No. 2. We 
do not feel that those are proper bases for exclusion.

The Court: Yes, I have just gotten to No. 5. I will 
omit No. 5 and No. 6. I will further state to the court that 
the case we are about to commence is the case of Sarah 
Mae [6] Flemming as plaintiff against the South Carolina 
Electric and Gas Company. It is alleged in the complaint 
that the plaintiff is a Negro and she is bringing this action 
predicated upon an alleged invasion of her claimed civil



12a

Colloquy

rights, acting under color of state law. Does any juror 
know of any reason why he could not give both plaintiff 
and defendant a fair and impartial trial in this case? If 
any juror knows of any reason whatsoever why he cannot 
render a fair and impartial judgment on the issues sub­
mitted for the jury’s consideration, I will ask such juror 
or jurors to stand. (Pause and no response.) Is any juror 
conscious of any bias or prejudice for or against either of 
the parties to this action; for or against the plaintiff or for 
or against the defendant? If any juror has any such bias, 
please stand. (Pause and no response.)

The Court: Mo responses.
MT. Wittenberg. I would like the record to note my 

exception.
The Court: All right. I will give the Clerk to be filed 

the requests.

(A  jury was duly impaneled and sworn.)
The Court: You may proceed.

(Mr. Wittenberg opened to the jury in behalf of the 
plaintiff.)

(Mr. Gary opened to the jury in behalf of the [7] 
defendant.)

Mr. Wittenberg: If the Court please, I would like to 
again, if it is appropriate, to renew my motion.

The Court: You don’t have to renew your motion every 
time you take a breath.

Mr. Wittenberg: All right, sir.
The Court: I have passed on it once. You made it 

and it has been passed on. Just go ahead and offer what 
you have in the way of evidence.

Mr. Wittenberg: All right, sir. The plaintiff calls
the plaintiff, Sarah Mae Flemming to the stand.



18a

Sarah Mae Flemming— Plaintiff— Direct

Sarah  M ae, F lem m in g  was du ly  sworn.

Direct examination, by Mr. Wittenberg:
Q. Speak out loud and clear so the gentlemen of the 

jury and the Court can hear you. You are Sarah Mae 
Flemming Brown? A. Yes, sir.

Q. At the time of this incident that we are complaining 
of you were Sarah Mae Flemming, is that correet? A. Yes, 
sir.

Q. Are you a citizen and resident of this state and of 
the United States? A. Yes, sir.

The Court: Under what name was she sworn?
Mr. Wittenberg: I don’t know, sir. Sarah Mae 

[8] Flemming, I believe.
The Clerk: She stated her name as Sarah Mae 

Flemming.
The Court: She was sworn under that name.

All right. Now, as I understand you, that is not 
your name now?

The Witness: No, sir. Sarah Mae Flemming
Brown.

The Court: Go ahead.

Q. (By Mr. Wittenberg) On June 22, 1954, you boarded 
a bus of the defendant, is that correct? A. Yes, sir.

Q. Where did you board it? A. On Main and Taylor.
Q. Did you pay your fare upon boarding the bus? A. 

Yes, sir.
Q. Where were you going, Sarah? A. I was going to 

work.
Q. How far was that from where you boarded? A. It’s 

about two or three miles.
Q. Where is your work? A. Saluda Avenue.
Q. When you boarded the bus, did you notice or have 

occasion to look for a seat aboard the bus? A. Yes, sir.



14a

Q. Could you find a seat immediately after getting on? 
A. No, sir.

[9] Q. Why not? A. Because the back was packed all 
the way in the back and all the way up the aisle to about 
the second seat.

Q. Up to about the second seat in the front? A. Yes, 
sir.

Q. You say it was packed. You mean all the seats 
appeared to be taken? A. Yes, sir.

Q. And people were standing in the aisle? A. Yes, sir.
Q- If you can recall, how would you estimate the number 

of colored and white people on the bus at that time? A. Tt 
was a lot of colored people and not too many white.

Q. And you would say there were many more colored 
than white? A. Yes, sir.

Q. How far forward were the colored people sitting in 
the bus on this day and time? A. They were sitting up 
to the second seat, the double seats, the double seats on 
the left.

Q. The second seat up from the front? A. Yes, sir.
Q. On the left-hand side of the bus? A. Yes, sir.
Q. How far forward were they standing? [10] A. They 

were standing up to the second, too.
Q. Then your testimony is that colored people were 

sitting as far forward as the second seat from the front? 
A. Yes, sir.

Q. And standing up that far? A. Yes, sir.
Q. And you looked and found no room in the rear for 

you? A. No, sir.
Q. Where were ^ou standing then? A. I was standing 

to the second seat on the side on the right, where the single 
seats is.

Q. What happened shortly after the bus left Taylor 
and Main Streets? A. Well, this lady, she pulled the cord.
I was standing up right by her seat, and she pulled the 
cord to get off.

Sarah Mae Flemming— Plaintiff— Direct



15a

Q. Now, when she got up, what did you do? A. I took 
her seat.

Q. You took her seat? A. Yes, sir.
Q. At the time you took her seat were there any white 

people standing? A. No, sir.
Q. Where were any Negroes sitting in relation to where 

you took the seat? A. Over on the left-hand side.
[11] Q. Over on the left-hand side? A. Yes, sir.
Q. As far forward as you were? A. Yes, sir.
Q. After you sat down, what if anything did the bus 

driver state to you? A. After I sat down, he looked back 
after me and he said “ Can’t you wait until someone gets 
off the bus before you sit down?” and then he looked after 
me again and said “ Get up, and I mean right now.”

Q. What was the tone of his voice? A. Angry tone.
Q. Did you understand it to be an order or a command? 

State whether or not you did.

The Court: Just let her state what transpired. 
State the facts. The .jury will pass on it as to what 
it was.

Q. (By Mr. Wittenberg) He stated to you that you 
should move, in other words? A. Yes, sir.

Q. Did he at that time order any white people to move 
their seats? A. No, sir.

Q. Do you know why he ordered you to move? A. Yes, 
sir.

Q. Why did he order you to move? [12] A. Because 
of my color and race.

Q. What did he say to you at that time—anything fur­
ther? A. No, sir.

Q. Well, what did you do after he in this angry tone 
told you to move? A. I pulled the cord and when it was 
stopped, the next stop would be Washington Street, and 
that is where I got off.

Sarah Mae Flemming— Plaintiff— Direct



16a

Q. Now, when the bus was stopped at Washington 
Street, did any people get off the front of the bus? A. 
Two white persons got off.

Q. Where were you in relation to them! A. I was 
standing right behind them.

Q. And where were you attempting to get off! A. I 
was going to get off at the back, but the aisle was full.

Mr. Gary: Just a minute. May it please the
Court, we object to any testimony with respect to 
which door this woman got off the bus. There is 
going to be probably some more testimony along this 
line, and I have written out this objection which 
1 would like to file with the Court because we think 
that there are two separate and distinct aspects of 
this matter. Presumably this is an action for vio­
lation of this woman’s civil rights for segregation.

The Court: As I read the complaint, she alleges
[13] that her civil rights were invaded by the de­
fendant company, acting under color of State Law, 
in that the agent of the company ordered her to 
move her seat from that part of the bus reserved 
for white folks to that part reserved for Negroes. 
She also alleges that her civil rights were also in­
vaded under color of State Law because the bus 
driver ordered her not to go out the front door.

Mr. Gary: Yes, sir, I understand that, but our 
position is that those are separate.

The Court: And then she alleges later on in her 
complaint, not that these things were done under 
color of State Law, but they were done without color 
of law at all, which, as T apprehend, would be an 
action not cognizable in this court.

Mr. Gary: Yes, sir, that’s right.
The Court: Since there is no diversity.
Mr. Gary: May I file this objection?

Sarah Mae Flemming— Plaintiff—Direct



17a

Object,ion to Admission of Evidence

The Court: Well, I think the other side is en­
titled to know what it is.

Mr. Gray: Well, I will give him a copy and I will 
read it if you. would like me to.

(Mr. Gary’s written objection is copied into the 
record as follows:)

“ Objection  to A dmission of E vidence

[14] The defendant objects to the admission of 
any evidence as to claimed injury or damage of any 
kind to the plaintiff following her refusal to change 
her seat in the bus, with reference to any claimed 
damage resulting from her attempt to leave the bus 
through the front door. The grounds for the objec­
tion being:

(1) Any alleged damage resulting from her vio­
lation of the regulation requiring all passengers to 
leave by the center door would be no part of her 
action for damages for violation of her Civil Eights 
as to attempted enforcement of the segregation laws 
against her;

(2) The Court does not have jurisdiction under 
the Civil Rights Act to award damages for any ac­
tions of the defendant in the enforcement of its regu­
lations not relating to segregation; and

(3) According to the ruling of the Court of Ap­
peals in this case, the defendant would be liable as 
having taken action ‘ under color of law’ in attempt­
ing to enforce segregation statutes as the Court held 
that the Company itself is required by the statute 
to enforce segregation; but the Company is not re­
quired or controlled by statute in enforcement of its 
regulations concerning the exit and entrance of all 
passengers on its buses, and its action taken to en-



ISa

force such regulation are not ‘ state action’ or action 
taken ‘under color of law’ which would permit a 
recovery against the Company.”

[15] The Court: Well, I will say in ruling on 
your first item, that that is giving the complaint a 
construction I hardly believe it warrants. As I read 
the complaint, if I read it correctly, she is in effect 
saying that her civil rights were violated because 
she wasn t allowed to go out that front door or was 
told not to go out the front door. I understand she 
went out anyway, and I also understand, if I read 
this complaint right, that she didn’t move her seat 
as she was ordered, and that she did go out of the 
front door as she was ordered not to. Isn’t that the 
substance of your complaint?

Mr. Wittenberg: Well, sir, just one difference 
there: The complaint does not state that she went 
out the front door.

The Court: Well, your contention is she didn’t?
Mr. Wittenberg: She did not.
The Court: He didn’t let her go out?
Mr. Wittenberg: That’s right.
The Court: Well, then I am in error as to that. 

She is complaining then that her civil rights were 
involved because she was told not to and was not 
allowed to go out the front door?

Mr. Wittenberg: Yes, sir.
The Court: I think we should have all the evi­

dence bearing on that.
[16] Mr. Gary: Well, now, if the Court pleases, 

in order to expedite this trial and obviate the neces­
sity of our objecting to every question, we would 
like our objection to go to this line of testimony as 
set forth here, sir. And, in that connection I would 
just like to say one thing, sir, that it is our position 
that she is claiming a violation of her civil rights

Sarah Mae Flemming—Plaintiff—Direct



19a

because of the segregation aspect by asking her to 
move. Now, the question of the doors is a totally 
different thing. There is no law that requires two 
doors. There is no company regulation that requires 
two doors. It is a traffic regulation which applies 
to all, white and colored alike.

The Court: I understand that is your position.
Mr. Gary: Yes, sir.
The Court: But I can’t assert your position— 

defensive position—to exclude evidence.
Mr. Gary: I understand, sir.
The Court: I understand your position.
Mr. Gary: Does the Court rule that the objec­

tion then will go to all this line of questioning, sir?
The Court: Oh, yes, you can object to all of it, 

but at this phase of the case I rule that the objection 
is not now well taken. It may develop that she will 
prove she hasn’t any case as to that. If she proves 
she has no claim against you on that account, it is 
all right. Let her go [17] ahead and prove it.

Q. (By Mr. Wittenberg) I believe you stated that some 
white people went out the front door, did you not? A. Yes, 
sir.

Q. And you attempted to follow them out the front 
door? A. Yes, sir.

Q. What happened to prevent you, if anything, from 
going out the front door? A. When I went to go out the 
front door—

Q. Speak a little louder. A. When I went to go out 
the front door I was up to the front, going out behind two 
white ladies, and after they went out I went out behind 
them, because the aisle was so packed you couldn’t get out 
the colored, and so when I got up to go out the front to 
follow behind them the bus driver knocked me and said, 
“ Get out and get out through the back.” He knocked me

Sarah Mae Flemming— Plaintiff—Direct



20 a

in my stomach and I went down like that, and then Eliza­
beth, she hold me up and pushed on out. We pushed the 
people aside and we came out through the back.

Q. Let the record indicate that the witness flung her 
right arm in an outward motion as she testified as to the 
actions of the bus driver. Then, as you were preparing to 
follow these people out the door, the bus driver committed 
an action against you to prevent you from going out, is 
that correct? [18] A. Yes, sir.

Q. And he ordered you to leave by the rear? A. Yes, 
sir.

Q. And you stated that these other white people were 
permitted to go out the front? A. Yes, sir, they went out.

Q. Now, when you turned around after this blow that 
you received, did you have to push your way through, or 
was the aisle clear? A. Had to push our way through. 
People just sorta stands aside and was holding up on that 
rod.

Q. Talk louder. A. They was holding up on that rod 
where runs through the bus, you know, and they stands 
aside and we pushed our way on out.

Q. You then got out the rear of the bus? A. Yes, sir.
Q. After you left the bus, what did you do? A. I went 

and called the lady who I worked for and told her what 
had happened.

Q. Then after that where did you go? A. 1 went back 
home and then my stomach was paining me and then 1 
went to the hospital.

Q. To the Columbia Hospital? A. Yes, sir.
[19] Q. About how long a time transpired between the 

incident and the time you went to the hospital? A. About 
a half an hour.

Q. Well, what happened at the hospital? A. They ex­
amined me, this lady, and she told me that T might have 
a—

Sarah Mae Flemming— Plaintiff—Direct



21a

Mr. Gary: We object to what somebody said.
The Court: That is hearsay.

Q. (By Mr. Wittenberg) Don't tell what somebody told 
you. You were examined there? A. Yes, sir.

Q. And as a result of the examination where did you 
go ? A. 1 went back home and did as she said, get out the 
ice pack.

Q. Well, don’t tell what she said. A. Oh, I ’m sorry.
Q. But you treated yourself as a result of the examina­

tion? A. Yes, sir.
Q. Now, going back to the bus, what if anything did 

you say or do to the driver to make him treat you like 
that? A. Not anything.

Q. When he ordered you to move, where was he sitting? 
A. In the driver’s seat.

Q. What was he doing? A. He was driving the bus.
[20] Q. What type of uniform, if any, did he have on? 

A. Bus driver’s uniform.
Q. Is he the one that took your fare also? A. Yes, sir.
Q. Who did you recognize him to be? A. A South 

Carolina Electric driver.
Q. And he is the same one that ordered you out the 

rear? A. Yes, sir.
Q. And struck you? A. Yes, sir.
Q. Did he at any time advise you of any lawT, rule or 

regulation that you had to move from your seat? A. No, 
sir.

Q. You had paid your fare? A. Yes, sir.
Q. And it was a vacant seat, is that correct? A. Yes, 

sir.
Q. Well, why did you obey his command? A. Because 

I thought he might hurt me worse. He embarrassed me 
and I thought he might have caused trouble. He might 
have did more than he did, and so that is why I got up.

Q. How did all this make you feel, Sarah? A. Beal 
embarrassed.

Sarah Mae Flemming— Plaintiff—Direct



22a

[21] Q. Well, why in particular were you embarrassed? 
A. Because I had paid my fare and I was colored. I guess 
that is why he did it.

The Court: Well, you can’t guess. You just
tell the truth.

The Witness: Well, that is why he did it, because 
T was colored.

Q. (By Mr. Wittenberg) What physical pain and suf­
fering did you have, if any? A. Pain in my stomach.

Q. Did you feel sick at all? A. Yes, sir.
Q. Did you have to stay in bed at all? A. Yes, sir.
Q. Now, you stated that your destination was about two 

or three miles from where you got on the bus is that 
correct? A. Yes, sir.

Q. How far did you ride on the bus actually? A. Two 
blocks.

Q. Do you know whether you caused anybody any 
inconvenience by sitting where you did? A. No sir I 
didn’t.

Q. Did anybody complain about it to you? A. No 
sir. ' ’ ’

Q. Do you think you were deprived of any rights? 
If so, what rights? [22] A. Well, sir, I had paid my fare 
and it was a vacant seat and I took the vacant seat and 
1 think he took my rights when he made me move out of 
the seat because I was colored.

Mr. Wittenberg: Sarah, you answer any ques­
tions that these gentlemen might ask you and speak 
out loud so the jury can hear you.

Cross-examination by Mr. Gary:

Q. Have you been to school? A. Yes, sir.
Q. How much schooling have you had? A. Tenth grade.

Sarah Mae Flemming—Plaintiff— Cross



Sarah Mae Flemming— Plaintiff—Cross

Q. Through the tenth grade. Well, then you are able 
to read and write! A. Yes, sir.

Q. Did you see the signs over the doors! A. Yes, sir.
Q. What was the sign over the front door? A. For 

you to come out through the front. I mean, for you to 
go in through the front and come out the back.

Q. And what did the sign on the back door say? A. For 
you to go out.

Q. Was there anything on those signs that said they 
applied only to colored people? A. On the signs?

[23] Q. Yes. A. No, sir.
Q. They applied to everybody? A. Yes. sir.
Q. For them to come in the front door and go out the 

back door? A. Yes, sir.
Q. Now, after the bus driver asked you to move, you 

got pretty mad, didn’t you? A. I didn’t got so mad. It 
made me so ashamed.

Q. You were so shamed? A. Yes, sir.
Q. But you got mad and you got excited, didn’t you? 

A. No, sir, I didn’t act excited.
Q. You didn’t get excited? A. No, sir.
Q. You rode on the bus only from Taylor Street to 

Washington Street? A. Yes, sir.
Q. Is that correct? A. Yes, sir.
Q. And where was the bus when you took the seat from 

which the white lady had vacated? A. Well, when I got 
on the bus at Taylor Street, then when the bus pulled off, 
the next street would be Hampton. S'o she [24] pulled 
the cord, must be, to get off at Hampton Street.

Q. But she didn’t get off at Hampton Street? A. She 
got off at Hampton.

Q. She did get off at Hampton Street? A. Yes, sir.
Q. You are sure of that? A. Yes, sir.
Q. And you took her seat just as she got off? A. She 

wasn’t off before T got her seat.



24a

Q. She was not oft before you got the seat? A. She 
had done walked up to the front to go down.

Q. And was standing there at the front? A. Yes, sir.
Q. And you didn’t get off until you got to Washington 

Street? A. Yes, sir.
Q. Now, you said that two people got off at Washington 

Street through the front door, did you not? A. Yes, sir.
Q. And the lady whose seat you took got off at Hamp­

ton Street through the front door, is that what you said? 
A. Yes, sir.

Q. Now, who was sitting behind you in the single seat? 
A. A colored lady is all I know.

Q. She was colored? [25] A. Yes, sir.
Q. You are sure of that now? A. Yes, sir.
Q. Did you ride this bus regularly? A. Yes, sir.
Q. This same bus in the morning? A. Yes, sir.
Q. And did you ride it after that to go to work? A. 

No, sir.
Q. How did you get to work? A. I didn’t work out 

there no more.
Q. You quit work on Saluda Avenue after this hap­

pened? A. Yes, sir.
Q. Well, now, actually isn’t it a fact that the disturb­

ance in this matter was created when you insisted on 
trying to get out the front door when you knew you were 
supposed to go out the back door according to the signs? 
A. No, sir.

Q. Isn’t that what caused the disturbance? A. No, sir.
Q. That is not? A. No, sir.
Q. Going back to the statement that the bus driver made 

to you about moving out of the seat, did he do anything 
except ask you to move? [26] A. Not until T got read^ 
to get off.

Q. He didn’t do anything but ask you to move out of 
the seat? A. No, sir, until I got ready to get off.

Sarah Mae Flemming— Plaintiff— Cross



25a

Q. Until yon got ready to get off! A. That’s right.

Mr. Gary: All right.

Redirect examination by Mr. Wittenberg:

Q. Well, what did you say his tone was when he told 
you to get out of that seat? A. He told me, he said, “ Get 
out of that seat and I mean get up right now.” And he 
said it in an angry tone.

Q. And you stated before, I believe, that that scared 
you, is that correct? A. Sir?

Q. I said, did you state before on testimony that that 
scared you when he said that? A. Well, it made me 
shamed, and then I got off the bus before anything else 
happened, because he had talked like that in an angry tone, 
he is liable to have done anything. That is why I got off.

Q. That is why you got off? A. Yes, sir.

Mr. Wittenberg: No further questions.
The Court: Let me ask you a question or two.
[27] Mr. Wittenberg: Answer the Court’s ques­

tions, Sarah.
The Witness: Yes, sir.
The Court: Now, as I understand, you got on

the bus at Taylor Street?
The Witness: Yes, sir, Taylor and Main.
The Court: Did anybody else get on the bus

besides you at Taylor Street?
The Witness: Yes, sir.
The Court: How many other people?
The Witness: A good many. I don’t know how 

many it was.
The Court: Well, were they white people or

Negroes?
The Witness: Colored people.

Sarah Mae Flemming— Plaintiff—Redirect



26a

The Court: They were colored people?
The Witness: Yes, sir.
The Court: Now, when you got on, did you go 

ahead of them or did they go ahead of you?
The Witness: They went ahead of me.
The Court: All of them went ahead of you?
The Witness: Yes, sir.
The Court: So, subsequently, when you got in

the bus, there was no seat available?
The Witness: No, sir.
The Court: Now, you said something about

white- [28] people. How many white people were 
on the bus at that time?

The Witness: It looked about five or six, some­
thing like that. It wasn’t many more than that.

The Court: Where were they sitting?
The Witness: On that long seat. It was two

long seats wTere facing to the front, you know, and 
then single seats.

The Court: Any single seats ahead of the two 
long seats?

The Witness: The single seats is right behind
the two long seats.

The Court: The single seats are right behind
two long seats?

The Witness: Yes, sir.
The Court: Now, you say this person who was 

in charge of the bus told you to move and in an 
angry tone, I believe you said?

The Witness: Yes, sir.
The Court: Now, move from where to where?
The Witness: He just told me to get up out

of the seat, and he means right now, to get up out 
of the seat. He didn’t told me where to go.

The Court: He didn’t tell you to go any par­
ticular place?

Sarah Mae Flemming— Plaintiff—Redirect



27a

The Witness: No, sir.
The Court: He just told you to get out of the 

seat?
[29] The Witness: That’s right, and he means 

right then.
The Court: Did you get up?
The Witness: Yes, sir. I pulled the cord and 

got up.
The Court: Well, did you get up before you got 

ready to get off the bus?
The Witness: Yes, sir.
The Court: And where did you go ?
The Witness: I stands in the bus stopped.
The Court: Did anybody else take your seat?
The Witness: No, sir.
The Court: Now, this single seat then is to­

ward where—toward the middle of the bus?
The Witness: It was the second from the front.
The Court: Well, how many people can sit on 

those long side seats?
The Witness: Three.
The Court: Three?
The Witness: Yes, sir.
The Court: Then you were behind that?
The Witness: I was the second one, the second 

one from that one, the single seat, the second single 
seat.

The Court: Behind the long seat?
The Witness: Yes, sir.
130] The Court: That put you a good ways back 

from the front, didn’t it?
The Witness: Yes, sir.
The Court: You were on the same side as the 

entrance door?
The Witness : Yes, sir.

Sarah Mae Flemming— Plaintiff—Redirect



Sarah Mae Flemming— Plaintiff—Redirect

The Court: S'o then you had the entrance door 
on the front on that side and you had a long seat 
accommodating three people and then you had an­
other seat accommodating one person and then still 
another seat accommodating yourself, the one that 
you took!

The Witness: Yes, sir.
The Court: Now, where was the bus driver?

Was he back there?
The Witness: He was in the seat, in his seat.
The Court: Where was that—at the front!
The Witness: Yes, sir.
The Court: That is across from the entrance

door?
The Witness: Yes, sir.
The Court: What was the bus doing—standing 

or moving?
The Witness: It was moving.
The Court: When he was talking to you?
The Witness: It was moving slowly.
The Court: It was moving slowly?
[31] The Witness: Yes, sir.
The Court: And he was letting it move and

looking back toward you?
The Witness: Yes, sir.
The Court: He was looking at you?
The Witness: Yes, sir.
The Court: How many seats were from where 

you were sitting to the side door where you were 
supposed to go out?

The Witness: I really don’t know.
The Court: Was it more than two?
The Witness: I don’t know how many seats on 

that side. All I know, from the front T was sitting 
on the second one from the front.



The Court: Well, now, your testimony is a little 
confusing. I understood you to tell me your seat 
from the front was back of a long seat for three 
and back of an additional seat for one, which would 
put it the fifth seat back from the front.

The Witness: It is the second single seat. That 
is what I said, the second single seat.

The Court: That would put you the fifth seat 
back from the front door?

The Witness: No, sir.
The Court: All right. Between you and the

door there was the side seat that seated three people, 
at the front?

[32] The Witness: Yes, sir.
The Court: And then there was a single seat

that seated only one person?
The Witness: Yes, sir.
The Court: And then your seat?
The Witness: Yes, sir.
The Court: But there wasn’t four seats between 

you and the door?
The Witness: No, sir.
The Court: Well, I can’t figure that. It seems 

to me you are saying that there were and then you 
are contradicting yourself and saying there weren’t.
I don’t know exactly what you mean. Well, when 
you got off the bus, did you get off the front door?

The Witness: I went to get out—
The Court: Through the front door or the side 

door?
The Witness: I went to go out the front, but

1 got off the side door.
The Court: You got off the side door?
The Witness: At the back, yes, sir.
The Court: Did you attempt to go out the front 

door after the bus driver told you not to?

Sarah Mae Flemming— Plaintiff—Redirect



30a

The Witness: No, sir.
The Court: What did you do when he told you 

not to?
The Witness: That is when he hit me.
[33] The Court: What did he hit you for?
The Witness: Because I started out the front.
The Court: He hit you because you thought of

going out the front and started?
The Witness: I started to go out the front.
The Court: Were you still going toward the

front when he hit you?
The Witness: Yes, sir. And, when he knocked 

me, that is what, you know—
The Court: Did he hit you or tell you not to

go out the front door first? He hit you and then 
told you not to go out?

The Witness: He did like this: He said, “ Get 
out and get out through the back.”

The Court: Now, he hit you with his fist?
The Witness: Yes, sir.
The Court: Doubled up?
The Witness: Yes, sir.
The Court: His left hand or right hand?
The Witness: His right hand.
The Court: Was the bus running then?
The Witness: Sir?
The Court: Was the bus standing still or run­

ning ?
The Witness: It was standing then at Washing­

ton Street.
[34] The Court: Standing still at the time he

hit you?
The Witness: Yes, sir.
The Court: All right. Go ahead.

Sarah Mae Flemming— Plaintiff—Redirect



31a

Q. (By Mr. Wittenberg) Now, when lie swung his arm, 
do you mean that he swung his arm like this? Indicate 
again how he swung his arm. A. He did like this.

Q. Let the record indicate that the witness swung her 
right arm straight out with the arm extended and fist 
clenched. Now, Sarah, the Judge asked you where this 
seat was. There was, I believe you told him, that there 
was one long bench— A. Yes, sir.

Q. Is that correct! A. Yes, sir.
Q. And then behind that long bench was a single seat? 

A. Yes, sir.
Q. And behind that is another single seat? A. Yes, sir.
Q. And you were sitting in either that first or second 

seat? A. I was sitting in the second single seat.
Q. On the right-hand side of the bus? A. Yes, sir.
Q. And when you took that seat it was vacant, is that 

correct? [35] A. Yes, sir.
Q. No white people were standing there waiting for 

it? A. No, sir.

Mr. Wittenberg: Do you have any further ques­
tions?

Mr. Gary: I have one other question. 

Recross-examination hy Mr. Gary:

Q. Now, Sarah, can you see this lady in the bright red 
dress over here? A. The red dress?

Q. Yes. Can you see her? A. Yes, sir.
Q. Now, actually, wasn’t she sitting behind you in the 

seat behind you there? A. There wasn’t no white person 
sitting behind me.

Q. You are sure this lady wasn’t sitting back there? 
A. No, sir.

Sarah Mae Flemming— Plaintiff—Recross



Q. Now, one other question. Wasn’t it closer to the 
side door from where you were sitting than it was to the 
front door? A. It was closer but the aisleway was packed.

Q. It was closer but the aisleway was packed? A. It 
was packed. You couldn’t get out. It was packed on both 
sides standing up.

Q. Now, isn’t it true that when you got up to the front 
of the bus the bus was stopped, the doors were open [36] 
and a lot of people were coming into the bus through the 
front door? A. I didn’t see any coming in.

Q. You didn’t see any coining in? A. No, sir.
Q. Well, actually that is the reason the bus driver 

wouldn’t let you go out, wasn’t it? A. I really don’t know. 
After those two white persons went out, I started out 
behind.

Julia Elizabeth King—for Plaintiff—Direct

Mr. Gary: That’s all.
Mr. Wittenberg: Sarah, even if this lady in the 

red dress had been sitting behind you, do you think 
you were entitled to your seat if you paid your fare? 

The Witness: Yes, sir.
Mr. Wittenberg: No other questions.
The Court: Next witness.

J ulia  E lizabeth  K ing  was duly sworn.

Direct examination by Mr. Wittenberg:

Q. Julia, I want you to speak out loud so these gentle­
men and the Court can hear you. You are Julia Elizabeth 
King? A. Yes, sir.

Q. You are a citizen and resident of this state and of 
the United States? A. Yes, sir.



33a

Q. Were you with Sarah Mae Flemming at the time 
she boarded [37] this bus that she has testified about? A. 
Yes, sir.

Q. And was that on June 22, 1954 at about 9:00 in the 
morning? A. Yes, sir.

Q. When you boarded the bus, what appeared to be 
the condition of the bus as far as the number of people 
on there? A. Well, the bus was crowded. It was packed.

Q. A little louder, please. A. The bus was packed.
Q. What do you mean by that? A. It was crowded.
Q. Crowded? A. People were standing.
Q. People were standing? A. Yes.
Q. Did it appear to you at that time that there were 

any seats available in the rear of the bus? A. No, sir.
Q. How far forward, if you can recall, were Negroes 

sitting? A. Well, as far as up to the second seat.
Q. Up to the second seat from the front? A. Yes, sir.
Q. On the left-hand side? [38] A. Yes, sir.
Q. Or the right-hand side? A. On the right-hand side.
Q. How about on the double seats running along the 

left-hand side? A. Well, they w'as on the right-hand side 
and the. left-hand side.

Q. Were there any colored people sitting on the left- 
hand side of the bus? A. Yes, sir.

Q. On the double seats? A. Yes, sir.
Q. Where were they sitting? A. As far as up to the 

second.
Q. The second double seat? A. Yes, sir.
Q. From the front? A. Yes, sir.
Q. Now, as you were on the bus, where were you 

standing? A. Well, I was standing right up behind Sarah, 
and she was standing as far as the second seat on the 
right.

Q. And you were standing there? A. Yes, sir.
Q. State for the Court your opinion as to the ration 

of colored and white people on this bus at the time. [39]

Julia Elizabeth King—for Plaintiff—Direct



34a

A. Well, it was maybe four times as many colored than 
it was white.

Q. Were there very many white people aboard the bus? 
A. No, sir, it wasn’t too many.

Q. Now, did anything happen after that bus left Main 
and Taylor? A. Well, this white lady pulled the cord to 
get off.

Q. To get off. A. Yes, sir.
Q. Did you see Sarah Mae Flemming do anything? A. 

No, sir. She sat down when this white lady pulled the 
cord, after she got up.

Q. What did Sarah Mae do? A. She sat down.
Q. She sat down? A. Yes, sir.
Q. What seat did she sit in? Was it a single or double 

seat? A. A  single seat.
Q. A single seat? A. Yes, sir.
Q. Were there any white people standing without a 

seat? A. No, sir.
Q. Do you know whether Sarah Mae had paid her fare? 

A. Yes, sir.
[40] Q. Who did she inconvenience, if anyone, by sit­

ting there, if you know? A. Not anyone.
Q. Did you hear anybody complain about her sitting 

there? A. No, sir, I didn’t.
Q. Have you ridden the buses very much? A. Yes, sir.
Q. Do you know what the usual law, regulation or cus­

tom is for the seating of white and Negroes aboard the 
buses? A. Yes, sir.

Q’. What is that, if you know? A. Well, if colored 
comes in, they are supposed to fill the seats up from the 
back. If white comes in, they are supposed to fill it up 
from the front.

Q. What is the usual law, regulation or custom if there 
is a vacant seat next to a white person? May a Negro sit 
there? A. No, sir.

Julia Elizabeth King—for Plaintiff—Direct



Q. Even though the seat is vacant, is that correct? A. 
That’s right.

Q. That is your understanding? A. Yes, sir.
Q. Well, after Sarah Mae sat down in this seat, what 

did the bus driver do, if anything? A. The bus driver told 
her, he said “ You look like you [41] can’t wait until people 
get off the bus before you sit down.”

Q. And then what happened? A. He told her to get up 
and he means get up right now.

Q. What was the tone of his voice, Julia? A. Angry.
Q. State whether or not it sounded to you like an order 

or command? A. Yes, sir, it was an order.
Q. It was an order. Either before or after he said that 

to her, did he advise her of any law or regulation or any­
thing? A. No, sir, he didn’t.

Q. What if anything did she do to make him act that 
way toward her? A. She didn’t do anything.

Q. Just sat down? A. Yes, sir.
Q. Well, do you know why he ordered her to move? 

A. Because she was colored.
Q. Did you see any people leave from the front of the 

1ms, from the front door of the bus? A. Yes, sir.
Q. When were they leaving? A. Well, when the lady 

pulled the cord, she got off from the front door.
[42] Q. Well, let’s back up a minute. After the bus 

driver ordered her to move, what did she do? A. She got 
up.

Q. She got up? A. Yes, sir.
Q. Did you and she attempt to get off the bus? A. Yes, 

sir, after the bus stopped.
Q. Where did it stop? A. For us to get off?
Q. Yes. A. On the corner of Washington and Main.
Q. On the corner of Washington and Main Streets? 

A. Yes, sir.
Q. Out of which entrance did you try to go? A. We 

tried to go out the front.

Julia Elizabeth King— for Plaintiff—Direct



36a

Q. Why didn’t you get out the front? A. Well, two 
white ladies was going, and we started out, and this bus 
driver hit her and told her to go back through the rear door.

Q. Do I understand that you were following two white 
ladies out the front? A. Yes, sir, we did, yes, sir.

Q. Were you right behind them? A. Yes, sir.
Q. He let them go on out? [43] A. Yes, sir, he did.
Q. And, Sarah Mae was in front of you? A. Yes, sir.
Q. And, when she got there, what did he do or say to 

her ? A. He struck her and told her to go out the rear 
door.

Q. And then v/hat happened? A. Well, she did like this 
(indicating) and I caught her by her arm and we pushed 
through the crowd.

Q. Let the record indicate that the witness hunched 
over. And, then she did what? A. We pushed through the 
crowd to the rear door. We went out the rear.

Q. The aisle was crowded? A. Yes, sir.
Q. Did you think you were inconveniencing a lot of 

people by going out the rear? A. Yes, sir, because they 
was pushing.

Mr. Gary: Just a minute. If the Court pleases, 
wTe object to these conclusions which she is stating. 
She should stick to the facts.

The Court: I think so. The question is leading 
too.

Q. (By Mr. Wittenberg) Now, after you got off the bus, 
did you go with her to the hospital? A. Yes, sir.

[44] Q. Did you see her at the hospital, let’s say, with 
her clothes off at all? A. Yes, sir, I did.

Q. What did you notice if anything unusual about her 
stomach? A. It was a red spot.

Q. A red spot? A. Y7e, sir.

Julia Elizabeth King—for Plaintiff—Direct



37a

Q. This person that was on the bus ordering her to 
move; who did you recognize him to be? A. The South 
Carolina Electric bus driver.

Q. The bus driver. He was the one that took your 
fare? A. Yes, sir.

Mr. Wittenberg: Answer any questions Mr. Gary 
might ask you.

Mr. Gary: May it please the Court, I assume
that the objection that we tiled a while ago has gone 
to all this line of questioning.

The Court: All right.
Mr. Gary: And the cross-examination is subject 

to it.

Cross-examination- by Mr. Gary:

Q. Now, how much schooling have you had? A. Second 
grade.

Q. Second grade? A. Yes, sir.
[45] Q. Can you read? A. A little bit.
Q. Could you read those signs in the bus? A. Yes, sir, 

I could.
Q. Did the signs say anything about colored people 

going out of one door and white people out of the other? 
A. No, sir, it didn’t say that.

Q. The same signs applied to both races, did they not? 
A. No, sir, it says please leave by the rear.

Q. But that applied to white people and colored people 
too, didn’t it? A. Yes, sir.

Q. Now, when you got on there, you were behind or in 
front of Sarah? A. I was in front of her.

Q. You were in front of her? A. Yes, sir.
Q. And you were both standing by this seat on the right- 

hand side? A. Yes, sir, we was.
Q. You were closer to the rear of the bus then than she 

was when you were standing there? A. Yes, sir.

Julia Elizabeth King—for Plaintiff—Cross



Julia Elizabeth King—for Plaintiff— Cross

Q. And, did you see the lady who was sitting in that 
seat? [46] A. I saw her when she got up, yes, sir.

Q. Mrs. Russell, would you stand up please. (Someone 
in the court room stood.) Is that the lady who was sitting 
in that seat? A. Now, Mister, I don’t know. You don’t 
notice people when they get off the bus. At least, I don’t. 
People get on the bus I don’t know.

Q. You don’t know whether that is her or not? A. No, 
sir.

Q. But you don’t deny that that is the lady that was 
sitting in the seat? A. Would I deny it?

Q. You don’t deny it, do you? A. Because I didn’t look 
at her to know who she was.

Q. All right. Well, when you were standing there then, 
as soon as the lady who was sitting in the seat got up, 
Sarah sat down? A. Yes, sir.

Q. And that is when the driver saw her sit down and 
asked her to move? A. Yes, sir.

Q. And when she finally decided to move after he asked 
her three times—was it three times he asked her? A. I 
heard him ask her one time, and he yelled hard enough for 
anybody to hear it.

[47] Q. But she got up after he asked her one time? 
A. Yes, sir.

Q. And then she started toward the front of the bus to 
get out? A. Yes, sir.

Q. And you started right behind her? A. Yes, sir.
Q. Actually, you were both closer to the side door than 

you were to the front door, weren’t you? A. Well, the 
aisle was packed. Yes, sir.

Q. How many of those single seats were there between 
where she was sitting, the seat that Sarah was sitting in, 
and the side door? A. I didn’t count them.

Q. Well, how long have you been riding the buses? A. 
I guess ever since T was here—nineteen years.



39a

Q. Ever since you have been here, you have been riding 
these buses? A. Yes, sir.

Q. But, you had seen the signs; you knew about the 
signs, didn’t you? A. Yes, sir.

Q. You knew you were supposed to go out the side door 
when the bus was crowded? A. Yes, sir.

[48] Q. And, despite that, you tried to go out, the front 
door, and you were behind Sarah when she went up there? 
A. Yes, sir, I was behind her when she went up.

Q. Did the bus driver ever get out of his seat? A. No, 
sir.

Q. He was sitting down in his seat on the left-hand side 
of the bus when she came up there? A. Yes, sir.

Q. And, he put his arm out to one side to keep her from 
coming out the front? A. He struck her.

Q. He struck her? A. Yes, sir.
Q. Now, don’t you know that she went up and ran into 

his arm when he put it out to block her? A. No, sir.
Q. That is not right? A. Well, I am telling you what I 

seen.
Q. Where were you at that time? A. Right behind her.
Q. Right behind her? A. Yes, sir.
Q. Well then, she turned around and both of you went 

out the side door? A. Yes, sir, we did.
[49] Q. And you got off at Washington and Main? A. 

Yes, sir.
The Court: Where were you going?
The Witness: The 1700 block of Wheat Street.
The Court: And you got off before you got to 

your place too?
The Witness : Yes, sir.
The Court: Why?
The Witness: Because after she attempted and 

was going down, I grabbed her.
The Court: After she what?

Julia Elisabeth King—for Plaintiff—Cross



The Witness: Attempted falling, I grabbed her.
The Court: She attempted to fall?
The Witness: Yes, sir.
The Court: Why would she want to fall?
The Witness: Because the bus driver hit her.
The Court: You mean, what you mean to say, 

he hit her such a forceful lick that it knocked her 
down ?

The Witness: Well no, sir, Judge, sir. If any­
body kinda touch you in the middle part of your 
stomach, you will fall. She went down like that 
(indicating). It will cut your wind.

The Court: Were there other colored people on 
the bus?

The Witness: Yes, sir, crowded.
[50] The Court: How many more of them did 

the bus driver speak harshly to?
The Witness: Well, I don’t know, sir.
The Court: Did you hear him speaking to any­

body else harshly as you say?
The Witness: No, sir.
The Court: You said a while ago that the reason 

the bus driver spoke harshly to her was because of 
her color?

The Witness: Yres, sir.
The Court: Do you know why he didn’t speak 

harshly to all the others who were the same color?
The Witness: I know why. I mean, just out of 

a Negro taking a seat after a white person.
The Court: Well, do you know any reason why 

he would pick her out instead of you?
The Witness: Well, I didn’t sit there.
The Court: Now, you didn’t sit where?
The Witness: I didn’t sit by her. I didn’t take 

the seat. That is the reason he didn’t holler at me.
The Court: Were you standing by her?

Julia Elizabeth King—for Plaintiff—Cross



41a

The Witness: Yes, sir, I was standing by her. 
The Court: You were just as forward in the

car as she was!
The Witness: Well, I was standing up over here 

because the seat is single.
[51] The Court: That’s right, but you were just 

as far from the front as she was?
The Witness: As far from where?
The Court: As near to the front as she was, and 

as far from the back as she was?
The Witness : Yes, sir.
The Court: All right,

Q. (By Mr. Gary) Did you see who was sitting in the 
seat behind Sarah? A. I saw it was a colored woman.

Q. It was a colored woman sitting in the seat behind 
her? A. Yes, sir.

Q. Now, are you sure it wasn’t this lady over here in 
the bright red dress? A. I am sure it was a colored person.

Q. Now, did you get mad when all this happened? A. 
No, sir, I didn’t get mad.

Q. Why did you get off the bus? A. Because after 1 
saw her going down, I just took her on. 1 pushed her on 
out.

Q. You decided you would get off too? A, That’s right.

Redirect examination by Mr. Wittenberg:

Q. What effect did all of this seem to have on Sarah, if 
you could tell from looking at her? [52] A. Well, she got 
embarrassed, very embarrassed.

Q. Did she seem to suffer any physical pain at all? A. 
Yes, sir, she did.

Q. And you stated you went with her to the hospital? 
A. Yes, sir, T did.

Julia Elisabeth King—for Plaintiff—Redirect



4-2a

Q. When you went to the hospital with her, did you see 
any agent of the defendant there with her at the time of 
the examination? A. I beg your pardon.

Q. Was there any agent of the South Carolina Electric 
and Gas Company present when she was being examined? 
A. No, when she first got there.

Q. Did they come later? A. Yes, sir.
Q. Were they there when the doctor gave his diagnosis? 

A. No, sir.
Q. They were not present at that time? A. No, sir.
Q. When the doctor told her what was wrong with her, 

they weren’t present? A. No, sir.

The Court: Who was the doctor?
The Witness: At the hospital?
The Court: Yes.
The Witness: I don’t know, sir.
[53] The Court: All right. Do you know that 

they were doctors?
The Witness: Sir?
The Court: Do you know they were doctors if 

you didn’t know them?
The Witness: Yes, sir, I know they were a doc­

tor.
The Court: All right.

Recross-examination by Mr. Gary:

Q. Was Sarah mad when she got off the bus? A. No, 
sir.

Q. She wasn’t? A. No, sir.
Q. Well now. how did you get to the hospital from Wash­

ington and Main? A. We went home and caught a cab.
Q. You went home first. How did you get home? A. 

Bus.
Q. You took a bus home? A. Yes, sir.

Julia Elisabeth King—for Plaintiff—Recross



43 a

Q. Another bus home? A. Yes, six’.
Q. And then you caught a cab from your house to the 

hospital? A. That’s right, because we didn’t have any 
money.

The Court: How far was it back to your house? 
The Witness: Oh, about ten minutes—not quite
r54] ten minutes.

The Court: Hot quite ten minutes?
The Witness: Yes, sir.
The Court: You all live together?
The Witness: No, sir; next door.
The Court: You live next door?
The Witness: Yes, sir.
Mr. Wittenberg: T have no further questions.

Moselle Martin—for Plaintiff—Direct

M ozelue M artin  was du ly  sworn.

Direct examination by Mr. Wittenberg:

Q. 1 want you to speak up very loud so that the gentle­
men of the jury can hear you and the Court can hear you. 
A. Yes.

Q. You are Mrs. Mozelle Martin? A. Yes.
Q. A resident of this state and the United States, is

that correct? A. Yes.
Q. Were you riding on one of the city buses on June 22, 

1954, at about 9:00 A. M.? A. Yes.
Q. Was this the Rose Hill bus? A. Yes.
Q, Did you on that morning have occasion to see the 

crowded condition of the bus? [55] A. Yes.
Q. What was that? A. Very crowded. Passengers Avere

standing.
Q. How far forward, if you can recall, were they stand­

ing? A. The second seat, both aisles, the right and left.



44a

Q. Where were you sitting, Mrs. Martini A. The sec­
ond seat double bench to the left.

Q. From the front? A. From the front.
Q. And you were sitting very far forward? A. Yes.
Q. And all behind you were Negroes, is that correct? 

A. Yes.
Q. Was anybody else occupying the bench with you? 

A. Yes. One other colored woman.
Q. Well, why did you sit so far forward? A. It was 

no seats in the back, in the rear.
Q. And these seats were vacant, and you sat down? A. 

Yes.
Q. Now, did you notice Sarah Mae Flemming, the plain­

tiff, at all on that bus? Did you have occasion to notice 
her? A. Yes.

Q. When did you notice her? A. When the bus driver 
spoke to her.

Q. What did the driver say to her? [56] A. He ordered 
her to get up and go to the back.

Q. He ordered her to get up and go to the back? A. 
Yes.

Q. Well, where was she sitting? A. The second bench 
single to your right.

Q. To your right on the bus? A. Yes.
Q. What was the tone of his voice when he said that to 

her? A. Well, it was an order, and an order is a very 
commanding tone, I would say.

Q. Well, what did she do after he stated that to her? 
A. She got up.

Q. She got up? A. Yes.
Q. Did she attempt to go out toward the front of the 

bus? A. After she got up?
Q. After she got up, yes. A. No.
Q. What did she do? A. She attempted to go to the 

rear and it was too crowded.

Moselle Martin—for Plaintiff—Direct



Q. And so, they did what? A. Turned around and 
came back to the front.

Q. Did you see any white people or colored people or 
anybody go out the front door of that bus? [57] A. Yes.

Q. When did they go out—immediately before her or 
at other stops? A. Before Sarah left, or before she at­
tempted to go out.

Q. Where was she in relation to them? A. Behind 
them.

Q. Bight behind them? A. Yes.
Q. Did he allow these other people to leave? A. Yes 

he did.
Q. Did he allow her to go? A. No.
Q. What did he do? A. He barred her with his arm 

and pushed her and told her to go to the rear, to go out 
the back door, the rear door.

Q. And, is that when she finally did—went out through 
the back door? A. Yes.

Q. If you know, why did he order her to move from her 
seat? A. Why do I know?

Mr. Gary: That is another conclusion, if the
Court pleases.

The Court: Yes. It is purely a conclusion.

Q. (By Mr. Wittenberg) Had she been disorderly or 
rowdy [58] in any way? A. No.

Q. She just sat in that seat? A. That’s right.
Q. From her appearance, how did it seem that all this 

affected her? A. From her appearance?
Q. Yes. A. Well, I would say she was embarrassed 

also, but it was just a matter that she had a right to sit 
in the seat which was vacant.

Q. Well, after this incident was over, what did you do 
if anything? A. I stayed on the bus long enough to get

Moselle Martin—for Plaintiff—Direct



the description of the driver, his number, and the time I 
hoarded it and everything, and I got off at Five Points.

Q. Did you call the company or anything? A. Yes, I 
called the company.

Q. And did what? A. And reported the incident to 
them, to someone.

Q. Why did you so report it? A. Why?
Q. Why did you report it? A. Because I thought he 

was violating Sarah’s rights. I don’t think that she violated 
anyone else’s right, and [59] which hers was violated, I 
think.

Q. And, you were disturbed over it? A. Yes, I was 
very disturbed.

Mr. Wittenberg: Answer Mr. Gary’s questions. 

Cross-examination by Mr. Gary:

Q. How much schooling have you had? A. I have two 
years college.

Q. You have two years college? A. Wayne University, 
Detroit, Michigan.

Q. What college? A. Wayne University.
Q. At Detroit, Michigan? A. That’s right.
Q. How long have you lived here in Columbia? A. I 

have lived here twelve years.
Q. Twelve years? A. Yes.
Q. And, where do you work? A. I don’t work.
Q. Where were you going that morning? A. I was 

seeking work that morning as a practical nurse out on 
Rosewood Drive.

Q. And you stayed on the bus until it got to Five 
Points? A. Yes, I didn’t finish.

Q. And you then changed buses down there? [60] A. 
No. I got off in order to report it. I didn’t go to my des­
tination because T was very upset.

Moselle Martin— for Plaintiff—Cross



Moselle Martin—for Plaintiff—Cross

Q. To whom did you report it? A. To someone at the 
company. I don’t know who he was. He said that he was 
a head man down there because I asked who he was.

Q. You reported it to somebody at the company down 
at Five Points? A. Yes, sir.

Q. Were you born down here in South Carolina? A. 
No.

Q. You were born in Michigan? A. No. I was born in 
Atlanta, Georgia.

Q. Atlanta, Georgia. Now, where were you sitting on 
the bus? A. The second bench to your left.

Q. The second bench to your left? A. Well, really it 
is really the third bench as far as your seating capacity. 
That left seat holds maybe about four or five, so you couldn’t 
say seats. I would say the third bench then.

Q. That holds how many people? A. Which bench?
Q. The one you were sitting in ? A. Two.
[61] Q. Two people? A. Yes.
Q. Then, in front of you was a long bench that was 

parallel with the bus? A. That’s right.
Q. And that holds three people? A. Yes.
Q. And then there was another seat back of that just 

like the one you were sitting in? A. That’s right.
Q. Which holds two people? A. Yes.
Q. And you were in the third one? A. Yes.
Q. Which held two people? A. Yes.
Q. Well, you saw the signs on the bus, didn’t you? 

A. Yes.
Q. Those signs don’t make any distinction between— 

A. No, it says passengers.
Q. Passengers. All passengers? A. Yes.
Q. Didn’t you take it to mean that? A. Yes.
Q. White and colored? [62] A. Yes.
Q. Did you see who was sitting behind Sarah? A. No, 

I didn’t.



48a

Moselle Martin—for Plaintiff—Redirect 

Q. You didn’t see that! A. No.
Q. Did you see the lady who had been sitting in the seat ? 

A. No.
Q. That Sarah was in? A. No. I didn’t see her get up 

and get off.
Q. Did you see Sarah and the witness who just testified, 

this woman here, go toward the front of the bus to get off? 
A. Did I see them go toward the front?

Q. Yes. A. I saw Sarah.
Q. You didn’t see this woman here? A. I don’t recall. 
Q. You just saw Sarah? A. Yes.

The Court: Where did you get on the bus?
The Witness: Taylor and Main.
The Court: You all got on together?
The Witness: No.
The Court: Did you know each other?
The Witness: No, I have never seen her other 

than today.
[63] The Court: This is the first time you have 

ever seen the plaintiff?
The Witness: Yes, sir.
The Court: That is a good story without ever

having seen her before.
The Witness: I have talked to her by phone. 
Mr. Gary: We have no further questions.

Redirect examination by Mr. Wittenberg:

Q. Mrs. Martin, you didn’t notice Julia Elizabeth King 
or you didn’t see her? A. I don’t recall any other person 
but Sarah.

Q. And, because your attention was directed to her- — 
A. Directed toward her.

Q. You didn’t say that she wasn’t there; you just don’t 
recall seeing her? A. No, I don’t say she wasn’t there. I 
don’t recall.



49a

Mr. Whittenberg: No further questions.
The Court: Just what did you hear the bus driver

say!
The Witness: ‘ Can’t you give people a clymce to get 

off before you sit down! Get up and go to the back of 
the bus.”  Those are his tone and his words.

The Court: That is what you heard!
The Witness: Yes.
The Court: Is that all?
[64] The Witness: At that time.
The Court: Well, what is the next thing you heard?
The Witness: After he barred her and pushed her

with his elbow, he said “ Don’t go out the front; go out the 
rear.”

The Court: Now, let’s see. You say now he hit her
with his elbow?

The Witness: Well, he barred her to go out and then 
to push with his elbow—push or knock or whatever you 
want to call it.

The Court: He didn’t bar her with his fist ?
The Witness: He barred her with his whole arm—his 

fist, elbow and forearm, all of it.
The Court: He barred her with his elbow and his fist?
The Witness: Yes.
The Court: And his arm?
The Witness: Yes.
The Court: Now, what was said there then?
The Witness: He said “ Don’t go out the front.” No, 

he said “ Not out the front; go out the rear.”
The Court: Well, anything else that he said?
The Witness: Not that I recall, until later on when

we got near Five Points. I did hear him tell two white boys 
to get up, which was in front of me.

[65] Mr. Gary: Just a minute. If the Court, please, 
that hasn’t anything to do with this.

Moselle Martin—for Plaintiff—Redirect



50a

Colloquy

The Witness: Well, you asked me.
The Court: No, I didn’t ask you about what he said to 

somebody else.
The Witness: Well, that is all at that time.
Mr. Gary: I have no further questions.
Mr. Wittenberg: I have no further questions.
The Court: You may go down.

(Short recess.)

The Court: Gentlemen, the jury is present. You may 
proceed.

Mr. Wittenberg: At this point the plaintiff rests, your 
Honor.

The Court: Anything for the defendant?
Mr. Gary: May it please the Court, we would like to 

speak with the Court in the absence of the jury please.
The Court: All right. Mr. Foreman and Gentlemen of 

the Jury, you may go until tomorrow morning at 10:00. 
Remember that you are sworn in this case, and you should 
not talk to anybody about this case on the outside, and you 
should not permit anybody to talk to you about it. If any­
body should talk to you about it or attempt to talk to you 
about it, it would be your duty to tell them that you are a 
member of the jury and ask them not to. If they [66] per­
sist in talking, then reporit it. The hours of the court will 
be from 10 :00 until 1 :00 and 3 :00 to 5 :00 normally. You 
will be excused now until 10:00 tomorrow morning. Re 
back in your seats tomorrow morning at 10:00.

Gentlemen, it is so hot and it is so much more pleasant 
in my rooms than it is here, I will hear you in chambers. 
I have air-conditioning there and I don’t have it here.

(The Court retired to chambers.)



51a

Motion to Dismiss and for Directed' Verdict

(The defendant submitted its motion in writing as 
follows:)

“ M otion to D ismiss and for D irected V erdict

The defendant moves the Court for an order dismissing 
the Plaintiff’s action under the provisions of Rule 41(b) 
upon the grounds that under the facts and law the Plaintiff 
has shown no right to relief, in that:

(1) The plaintiff has offered no evidence to show that 
the attempt by the Defendant’s driver to enforce the segre­
gation law was made other than in good faith and in reli­
ance upon the laws of this State which had not at the time 
been declared invalid by any Court.

(2) The Plaintiff has offered no evidence to show that 
she suffered any damage as a result of the order by the 
driver that she change her seat. On the contrary, the only 
evidence offered is that she did not comply with the driver’s 
request but [67] voluntarily left the bus and any embar­
rassment, inconvenience, or claimed injury which followed 
was a result of her own wilful actions in the attempt to 
leave the bus by the front door, although the signs mark­
ing the front door, ‘Entrance Only’ and ‘Please leave the 
Bus by Center Door’ were plainly visible to her.

Failing in the granting of said motion the Defendant 
moves the Court under the provisions of Rule 50(a) for a 
direction of verdict or order of non-suit as to punitive 
damages in favor of the Defendant, upon the ground:

Plaintiff has offered no evidence which would raise a 
reasonable inference in the mind of any juror that the 
Defendant’s driver was wilful, malicious, or used any force 
or violence of any kind in his attempts to comply with the 
segregation laws of this State, or that his actions were 
taken other than in good faith and in compliance with the 
law.”

(Discussion.)
(The Court refused the motion.)



52a

Wednesday morning, June 13, 1956. Jury present.

The Court: Gentlemen of the Jury, I must apologize
to you for delaying the opening of the Court, hut the occa­
sion of the delay was my desire to commit to writing some­
thing that I now am going to say to you.

[68] On yesterday afternoon, after the close of plain­
tiff’s evidence, I heard defendant’s motion “ for an order 
dismissing the plaintiff’s action * * * upon the grounds that 
under the facts and law the plaintiff has shown no right to 
relief” .

At first, I thought the motion should be denied, but upon 
reflection I think the motion should be granted, and wish 
to state my reasons therefor.

No person has a civil right to violate a valid and sub­
sisting state law.

The state law requiring equal but separate accommoda­
tions for the races on local buses operated in this state was 
valid and subsisting at the time plaintiff claims her civil 
rights were violated.

The State segregation law under color of which the 
plaintiff alleges the defendant acted was constitutional and 
complied with the construction of the 14th Amendment 
given by the United States Supreme Court in the much 
cited Plessy Case in 1896.

The Plessy Case, like the instant case, was a transporta­
tion case. The doctrine of the Plessy Case as applied to 
local bus transportation has never been changed or repudi­
ated by the Supreme Court.

However, the Plessy Case has been repudiated or re­
versed by the 4th Circuit Court of Appeals, as applied to 
travel by bus, but I do not understand that the Court of 
Appeals intended [69] to make its reversal of the Plessy 
Case retroactive.

The 4th Circuit Court of Appeals did not express its 
disagreement with the Plessy Case until some time after

Decision



the events complained of in the complaint, and not even 
until some time after the complaint in this case had been 
hied.

I do not believe that the Court of Appeals intended to 
place its approval on the strange and un-American doctrine 
that any court, under our established system of govern­
ment, has the power to make retroactive laws so as to make 
a person liable in damages for acts done which were at the 
time of their doing perfectly lawful. This is important in 
the present case because it concerns the changing of a well 
understood constitutional doctrine -that had not been 
changed by any local authority for well over half a century.

When I was a boy the Constitution ranked next to the 
Bible in the thinking of good citizens. Now there are those 
who seem to think that it has no higher standing than that 
of a Statute, if even that high.

Moreover, if in the opinion of the Court of Appeals 1 
am wrong about the conclusion just stated, I think the case 
should be dismissed for another reason, namely:

The evidence of the plaintiff shows that the custom on 
defendant’s buses in the City of Columbia was for all 
passengers, both white and Negro, to use the same door 
entering the bus and to use another door in leaving a bus, 
which was the same for all passengers. Also that it was 
further the custom [70] for white passengers to occupy the 
front seats and Negro passengers the rear seats; and that 
there was no established line marking a division of the 
seats, but on the contrary the number of seats occupied by 
each race varied in proportion to the number of each on the 
bus, and that on the occasion in question plaintiff was not 
sitting or attempting to sit among white passengers, that 
no white passengers were standing and that she was sitting 
behind white passengers. Hence it would appear from 
such uncontroverted testimony that the bus driver was not 
acting under color of state law to enforce racial segrega­

53a

Decision



54a

Decision

tion on the bus, whatever other evil motive he may have 
had for ordering plaintiff to change her seat. This Court 
does not have jurisdiction of any such other situation.

The case should be withdrawn from, the jury and be dis­
missed.

It is SO ORDERED.

I certify that the foregoing is a correct transcript- of 
my notes.

B. D . Cook 
Official Reporter