Correspondence from Roumell to Judge Roth

    No. 10,799

United States Circuit Court of Appeals
For the Sixth Circuit

ELIZABETH WHITESIDE,
Appellant,

vs.

SOUTHERN BUS LINES, INCORPORATED,
Appellee.

APPEAL PEOM. THE DISTRICT COURT OP THE UNITED STATES 
FOR THE WESTERN DISTRICT OP KENTUCKY

TRANSCRIPT OF RECORD

J oseph S. F reeland,
Attorney for Appellant, 

Paducah, Kentucky.

George R. E ppinger,
T hos. S. W aller,
H enry 0 . W hitlow,

..Attorneys for Appellee, 
Paducah, Kentucky.



I N D E X

PAGE

Complaint ____________ ______________________________  1
Summons ____________________________________________  7
Return on Service of Writ _________________________  7
Motion ______________________________________________ 8
Order _______________________________________________ 8
Answer____ i________________________________________  9
Order __ _____________________________________________ 15
Plaintiff’s Interrogatories to Defendant ____________  16
Defendant’s Answer to Plaintiff’s Interrogatories____ 17
Amended Complaint ________________________________ 18
Order _______________________________________________ 20
Trial O rder_________________________________________  20
Notice to Take Depositions _________________________  21

T estimony fob, P laintiff (D epositions)

H. J. Erwin:
D irect_______________________________________ 23, 34
Cross ___________________ 1___________________ _ 38
Redirect_____________ _________________________  45

Leslie B. Howell:
D irect________________________________________  25

1 Cross________________________________ ,________  30

Transcript of Evidence_______________ ____________ 51



11

T estimony eoe P laintiff (T rial)

Dr. G. A. Davis :
Direct ______
Cross ______
Redirect____
Recross_____

Mary E. Whiteside:
Direct ______
Cross ______
Redirect____
Recross_____

PAGE

56
61
66
66

67
93

105
107

T estimony for Defendant (T rial) 

J. B. Martin:
Direct -------------------------------------------------------------  111
Cross ________________________________________  128
Redirect ____________________________________  141
Recross ______________________________________  143

F. S. Keaton:
D irect_____________   144
Cross ---------------------     152

Martin Robinson:
D irect________________________________________  154
Cross _________    160
Redirect______________________________________  160

F. S. Keaton:
Recalled:

D irect_____________________    163
Cross _____________________   165
Redirect_________________________    170



page

Jess Sullivan:
D irect_______________ __.________________________  171

Mildred Swain:
D irect_____________________________________   173
Cross _____     176
Redirect_____ _________________________________  177

L. E. Carter:
D irect___ ______________________________ ______  178
Cross ------------------------    180

R ebuttal:

Mary E. Whiteside:
D irect--------------------------------------------------- ..._____  181

Motion to Dism iss___________________________________  110

Statement of Mrs. C. C. Swain ________________________  184

Plaintiff’s Exhibit (No. 1) ___________________________ 187

Plaintiff’s Exhibit (No. 2) ________________________ ...___ 188
Defendant’s Exhibit _____    189
Findings of Pact, Conclusions of Law and Judgment...,. 202
Motion and Grounds for New Trial _________________ 204
Order Overruling Motion for New Trial _____________  205
Notice of A ppeal_________________   205
Bond for Costs on Appeal ____________________   206
Appellant’s Designation of Record _______________   207
Motion ______________________________________________ 207
Order Extending Time for Piling Record on A ppeal__ 208
Clerk’s Certificate __________________________________  208

I l l



Proceedings op the D istrict Court op the United States 
for the W estern D istrict op K entucky, at a R egular 
T erm Begun and Held at the F ederal Court H all in 
the City op P aducah on the 15th D ay op A pril, 1946.

Present:

H onorable R oy M. Shelbourne, J udge, United States 
D istrict Court por the W estern D istrict op K entucky.

E lizabeth W hiteside,
Plaintiff,

vs.

Southern Bus L ines, I ncorporated,
Defendant.

Be it remembered, that heretofore, to-wit, on the 27th 
day of July, 1946, came the plaintiff, Elizabeth Whiteside, 
by Joseph S. Freeland, her counsel, and filed in the Clerk’s 
Office of said Court her petition, which is in words and 
figures as follows, to-wit:

Complaint

(Filed July 27, 1946)

I
The plaintiff, Elizabeth Whiteside, is a citizen of the 

State of Kentucky, and the defendant, Southern Bus Lines,



2

Incorporated, is a corporation organized and existing under 
the laws of the State of Louisiana. The matter in contro­
versy in this action exceeds, exclusive of interest and costs, 
the sum of Three Thousand Dollars ($3,000.00).

II

The plaintiff says that the defendant is a common car­
rier engaged in the transportation of persons by motor bus 
in interstate commerce, from St. Louis, Missouri, to Pa­
ducah, Kentucky, via Cairo, Illinois, and Wickliffe, Ken­
tucky, and between various other states of the United States, 
and was so engaged at all times hereinafter mentioned.

The plaintiff, who is a colored person, says that on or 
about the 6th day of May, 1946, she purchased from the 
agent of the defendant at St. Louis, Missouri, a ticket en­
titling her to transportation to Paducah, Kentucky, via 
Cairo, Illinois, and Wickliffe, Kentucky, over the motor bus 
line operated by defendant between said points, and that 
she traveled from St. Louis to Cairo upon one of defen­
dant’s buses. She says that at Cairo, as required by de­
fendant’s schedule, she changed to another bus operated by 
defendant, which bus was bound for Paducah, Kentucky, via 
Wickliffe, Kentucky, and on which bus she was entitled to 
be taken to Paducah as the holder of said ticket. She says 
that said bus which she boarded at Cairo bore the number 
“ 346” , and the ODT number “ 11,580” , and that she is un­
able to give a more particular description or identification 
of said bus. She says that on boarding said bus she took a 
seat which was the sixth seat behind that occupied by the 
driver of the bus, said seat being one of the seats provided 
for passengers thereon. She says that when said bus, with

Complaint



Complaint

this plaintiff as a passenger thereon, arrived at Wickliffe, 
Kentucky, the driver of said bus, whose name is unknown 
to this plaintiff, but who was at said time and at all times 
hereinafter mentioned an agent, servant and employee of 
the defendant, and acting in the course of his employment 
and scope of his authority, ordered this plaintiff to leave 
the seat in which she was then sitting, which was the seat 
which she had taken at Cairo as hereinbefore stated, and to 
take a seat in the rear of the biis. She says that said driver 
did so arbitrarily and without right and because this plain­
tiff was a colored person, and for no other reason. She says 
that she declined and refused to change her seat as so 
ordered and directed by said driver, and that thereupon 
said driver, with the assistance of some person to this plain­
tiff unknown but who represented himself to be a peace 
officer, who, however, had no warrant for the arrest of this 
plaintiff, forcibly and with great force and violence and 
unlawfully and without right ejected this plaintiff bodily 
from the said motor bus of the defendant, and threw her 
luggage off after her, and thereafter refused to permit this 
plaintiff to board said bus again or to continue her journey 
to Paducah thereon. She says that by reason thereof she 
was greatly inconvenienced and was delayed in her journey 
for a considerable length of time and was forced to pur­
chase a ticket to Paducah from Wickliffe on another bus 
line, not the defendant’s, and to complete her journey to 
Paducah via said other bus line.

Ill

This plaintiff says that in ejecting her from said motor 
bus as aforesaid, the said driver, being at said time and



4

place and at all times in this complaint mentioned an agent, 
servant, and employee of the defendant, acting in the course 
of his employment and scope of his authority, did with 
great force and violence and unlawfully and without right 
assault, batter, bruise, beat, and injure this plaintiff on and 
about the limbs and body of this plaintiff, in the presence 
of numerous persons, and that plaintiff was thereby greatly 
humiliated and mortified, and suffered and still suffers from 
said assault, battery, bruising, beating, and injuries great 
mental and physical pain and anguish.

IV

This plaintiff says that in ejecting her from said motor 
bus as aforesaid, the said driver, being at said time and 
place and at all times in this complaint mentioned an agent, 
servant, and employee of the defendant, acting in the course 
of his employment and scope of his authority, unlawfully 
and without right falsely arrested this plaintiff and re­
strained and deprived her of her liberty to go where she 
had a lawful right to go, by bodily seizing this plaintiff and 
bodily dragging and carrying her from the said motor bus, 
on which she had a right to be, and by preventing her, by 
force and the threat of force, from again boarding said 
motor bus, on which she had a right to be, all of which oc­
curred in the presence of numerous persons, and that plain­
tiff was thereby greatly humiliated and mortified, and suf­
fered and still suffers therefrom acute mental pain and an­
guish, in addition to the physical and mental pain and an­
guish occasioned by the assault, battery, and beating here­
inbefore mentioned.

Complaint



5

V

This plaintiff says that in so ejecting her from the said 
bus, and in so assaulting, battering, and beating this plain­
tiff as hereinbefore mentioned, the said driver, being at 
said time and place and at all times in this complaint men­
tioned an agent, servant, and employee of the defendant, 
acting in the course of his employment and scope of his au­
thority, did forcibly and unlawfully and without right 
break, tear, soil, and damage the clothing, personal orna­
ments, personal accessories, and luggage of this plaintiff, 
to the damage of this plaintiff in the sum of One Hundred 
Dollars ($100.00).

VI

This plaintiff says that each and all of the wrongful acts 
hereinbefore complained of occurred at Wickliffe, in the 
State of Kentucky, on the 6th day of May, 1946; that each 
and all of said wrongful acts were committed by the said 
driver of the said defendant, who on said date and at said 
place and at all times in this complaint mentioned was an 
agent, servant, and employee of the defendant; that under 
the operating rules of the defendant the duties and au­
thority of the drivers of the defendant, including the said 
driver, include and included at all times in this complaint 
mentioned, the supervision and direction of the seating of 
passengers upon the buses of the defendant, including the 
said bus from which plaintiff was ejected, and include and 
included at all times in this complaint mentioned, the ejec­
tion from said buses, including the said bus, of any and all 
passengers violating or refusing to obey the instructions of 
the said drivers of the defendant with reference to seating,

Complaint



6

and that each and all of said matters and things was within 
the course of employment and scope of authority of the said 
driver at all times in this complaint mentioned. Plaintiff 
says, however, that each and all of the acts and injuries 
hereinbefore complained of, each and all of which were done 
and committed by the defendant by and through its said 
agent, servant, and employee, were unlawful, arbitrary, 
capricious, wrongful, willful, wanton, malicious, and with­
out right on the part of said defendant, its said agent, ser­
vant, and employee. She says that at all times hereinbefore 
mentioned, this plaintiff was orderly, peaceable, and law- 
abiding, and that at no time hereinbefore mentioned did 
this plaintiff violate any lawful duty owed by her to the de­
fendant as a passenger upon its said motor bus.

W herefore, the plaintiff, Elizabeth Whiteside, prays 
judgment against the defendant, Southern Bus Lines, In­
corporated, in the sum of F ifty Thousand and One Hundred 
Dollars ($50,100.00), and for her costs.

/ s /  J oseph S. F reeland
Attorney for Plaintiff.

Complaint



Summons

(Issued on 29 July 1946)

(Executed on 30 July 1946)

To the above named Defendant:

You are hereby summoned and required to serve upon 
Joseph S. Freeland, plaintiff’s attorney, whose address 516 
Citizens Savings Bank Bldg., Paducah Kentucky, an answer 
to the complaint which is herewith served upon you, within 
twenty days after service of this summons upon you, exclu­
sive of the day o f service. If you fail to do so, judgment by 
default will be taken against you for the relief demanded 
in the complaint.

/ s /  W. T. B eckham, Clerk of Court 

By M. N. H ogan, Deputy Clerk
(seal)

Date: July 29 1946

(On reverse side of Summons:)

Return On Service of Writ

I hereby certify and return, that on the 29 day of July 
1946, I received the within summons at Louisville, Ky., 
and executed same on July 30-1946 by delivering to Irvin 
Marcus Process agt for Southern Bus Lines Inc. a true copy 
of this Summons & Complaint.

/ s /  L. E. Cbanor, United States Marshall.



Motion

(Filed August 17, 1946)

Comes the defendant, Southern Bus Lines, Incorporated, 
by attorneys and moves the Court that the time for filing 
any pleading herein shall be extended to and including Sep­
tember 15, 1946, and that no pleading be required of it until 
said time and that this Court make its proper order hereon.

W ali.ee, T hrelkeld & W hitlow

By T. S. W aller
Attorneys for Defendant

The plaintiff, by her attorney, does not object to the 
granting of additional time until September 15, 1946, in 
which the defendant may plead, and concurs in defendant’s 
motion above. This August 16, 1946.

J oseph S. F reeland
Attorney for Plaintiff

Order

(Entered August 17, 1946)

Shelbourne, J.

Upon the motion of the defendant, Southern Bus Lines, 
Incorporated, by its attorneys, and the concurrence therein 
by plaintiff, Elizabeth Whiteside by her attorney,

I t  is ordered by the Court that the defendant, Southern 
Bus Lines, Incorporated, may have until and including Sep­
tember 15, 1946, in which to plead herein.



9

Answer
(Filed September 13, 1946)

I.

Defendant admits the allegations of Paragraph I of the 
complaint.

II.

Defendant admits that it is a common carrier engaged 
the transportation of persons by motor bus in interstate 
commerce from St. Louis, Missouri, to Paducah, Kentucky, 
via Cairo, Illinois, and Wickliffe, Kentucky, and between 
various other states of the United States, and was so en­
gaged at all times hereinafter mentioned. Defendant ad­
mits that plaintiff is a colored person, but denies that on 
or about the 6th day of May, 1946, plaintiff purchased from 
the agent of the defendant at St. Louis, Missouri, a ticket 
entitling her to transportation to Paducah, Kentucky, via 
Cairo, Illinois, or Wickliffe, Kentucky, or over the motor 
bus line operated by defendant between said points, or that 
she traveled from St. Louis to Cairo upon one of defen­
dant’s busses. Defendant denies that at Cairo, or as re­
quired by defendant’s schedule, or at all, plaintiff changed 
to another bus operated by defendant, which bus was bound 
for Paducah, Kentucky, via Wickliffe, Kentucky, or on 
which bus she was entitled to be taken to Paducah, Ken­
tucky, as the holder of said ticket, but defendant admits that 
plaintiff' took a bus of this defendant at Cairo, Illinois. 
Defendant admits that said bus, which plaintiff boarded at 
Cairo, bore the No. 346 and the O. D. T. No. 11,580. Defen­
dant is without knowledge or information sufficient to form 
a belief as to the truth of the averment and, therefore, 
denies that plaintiff, on boarding said bus, took a seat which



10

was the sixth seat behind that occupied by the driver of the 
bus, but admits that the seat taken by the plaintiff was one 
of the seats provided for passengers thereon. Defendant 
admits that when said bus, with plaintiff as a passenger 
thereon, arrived at Wickliffe, Kentucky, the driver of said 
bus, who was at said time and at all times hereinafter men­
tioned an agent, servant and employee of the defendant and 
acting in the course of his employment and scope of his 
authority, ordered plaintiff to leave the seat in which she 
was then sitting. Defendant is without knowledge or infor­
mation sufficient to form a belief as to the truth of the 
averment and, therefore, denies that said seat was the seat 
which plaintiff had taken at Cairo as stated in plaintiff’s 
petition, but defendant admits that said driver ordered 
plaintiff to take a seat in the rear of the bus. Defendant 
denies that said driver did so arbitrarily or without right, 
but defendant admits that said driver did so because plain­
tiff was a colored person, and because of the rules of the 
defendant as hereinafter set out. Defendant admits that 
plaintiff declined and refused to change her seat as so 
ordered and directed by said driver and that thereupon said 
driver, with the assistance of a peace officer who had no 
warrant for the arrest of plaintiff, ejected plaintiff from 
said bus, but defendant denies that said driver, with the 
assistance of a peace officer, or at all, forcibly, or with great, 
or any, force or violence or unlawfully, or without right, 
ejected plaintiff bodily from said motor bus of the defen­
dant, or threw her luggage off after her, or thereafter re­
fused to permit plaintiff to board said bus again or to con­
tinue her journey to Paducah thereon. Defendant denies 
that by reason thereof, or at all, she was greatly, or at all, 
inconvenienced or was delayed in her journey for a con­
siderable, or any, length of time, or was forced to purchase

Answer



11

a ticket to Paducah from Wickliffe on another bus line not 
the defendant’s or to complete her journey to Paducah via 
said other bus line.

Answer

III.

Defendant denies that in ejecting plaintiff from said 
motor bus the said driver, being at said time and place and 
at all times in plaintiff’s complaint mentioned an agent, 
servant and employee of the defendant acting in the course 
of his employment and scope of his authority, did with 
great, or any, force or violence or unlawfully, or without 
right, or at all, assault, batter, bruise, beat or injure plain­
tiff on or about the limbs or body of plaintiff in the presence 
of numerous, or any, persons, or at all, or that plaintiff was 
thereby greatly, or at all, humiliated or mortified or suf­
fered, or still suffers, from said alleged assault, battery, 
bruising, beating or injuries, or at all, great, or any, mental 
or physical, or any, pain or anguish.

IV.

Defendant denies that in ejecting plaintiff from said 
motor bus the driver, being at said time and place and at 
all times in plaintiff’s complaint mentioned an agent, ser­
vant or employee of the defendant acting in the course of 
his employment and scope of his authority, unlawfully or 
without right, or at all, falsely, or at all, arrested plaintiff 
or restrained or deprived her of her liberty to go where she 
had a lawful right to go by bodily, or at all, seizing plain­
tiff or bodily, or at all, dragging or carrying her from the 
said motor bus, or by preventing her by force or the threat 
of force from again boarding said motor bus; denies that 
all or any of which occurred in the presence of numerous,



12

or any, persons, or that plaintiff was thereby greatly, or at 
all, humiliated or mortified or suffered, or still suffers, 
therefrom acute mental, or any, pain or anguish in addition 
to the alleged physical and mental pain and anguish oc­
casioned by the alleged assault, battery and beating men­
tioned in plaintiff’s complaint.

V.

Defendant denies that in ejecting plaintiff from said bus 
or in allegedly assaulting, battering or beating* plaintiff, or 
at all, the said driver, being at said time and place and at 
all times in plaintiff’s complaint mentioned an agent, ser­
vant and employee of the defendant acting in the course of 
his employment and scope of his authority, or at all, did 
forcibly or unlawfully, or without right, break, tear, soil 
or damage the clothing, personal ornaments, personal ac­
cessories or luggage of plaintiff to the damage of plaintiff 
in the sum of One Hundred ($100.00) Dollars or any sum, 
or at all.

VI.

Defendant denies that each or all, or any, of the alleged 
wrongful acts occurred at Wickliffe in the State of Ken­
tucky or on the 6th day of May, 1946, or at all; denies that 
each or all, or any, of said alleged wrongful acts were com­
mitted by the said driver of said defendant, but defendant 
admits that said driver on said date and at said place and 
at all times in plaintiff’s complaint mentioned was an agent, 
servant and employee of the defendant. Defendant admits 
that under the operating rules of the defendant the duties 
and authority of the drivers of the defendant, including said 
driver, include and included at all times in the complaint

Answer



13

mentioned the supervision and direction of the seating of 
passengers upon the busses of the defendant, including the 
said bus from which the plaintiff was ejected and include 
and included at all times in plaintiff’s complaint mentioned, 
the ejection from said busses, including the said bus, of any 
and all passengers violating or refusing to obey the in­
structions of the said drivers of the defendant with ref­
erence to seating and that each and all of said matters and 
things was within the course of employment and scope of 
authority of the said driver at all times in the complaint 
mentioned. Defendant denies that each or all, or any, of 
the alleged acts or injuries complained of in plaintiff’s 
complaint, each or all or any of which were done or com­
mitted by the defendant by or through its said, or any, 
agent, servant or employee, were unlawful, arbitrary, ca­
pricious, wrongful, willful, wanton, malicious or without 
right on the part of said defendant, its agent, servant or 
employee. Defendant denies that plaintiff at all or any 
times mentioned in the complaint was orderly, peaceable or 
law abiding, or that at no time mentioned in plaintiff’s 
complaint did plaintiff violate any lawful duty owed by her 
to the defendant as a passenger upon its said motor bus.

VII.
Defendant states that at the time and upon the occasion 

complained of in plaintiff ’s complaint there was in effect a 
rule of this defendant, of which rule all of the drivers of 
this defendant, including the driver mentioned in plaintiff’s 
complaint, were advised, which rule required that white and 
colored passengers in Kentucky and other southern states 
be loaded and seated separately, with white passengers at 
the front of the bus and colored passengers at the rear of

Answer



14

the bus, and it was the duty of said driver to require all 
passengers to be so seated. Said rule had been in effect for 
many months prior to the time complained of by plaintiff 
and was, and for many months prior thereto had been, well 
known to the general traveling public and to the plaintiff. 
At the time and place and upon the occasion complained of 
by plaintiff in her complaint, the driver of defendant’s bus 
explained said rule to plaintiff and requested plaintiff to 
move to a seat at the rear of the bus, which seat was of equal 
convenience, comfort, protection and accommodation to the 
seat then occupied by plaintiff, but plaintiff, after repeated 
requests by said driver, failed and refused to comply with 
said rule or to leave said bus or seat, whereupon the said 
driver, pursuant to said rule, refunded to plaintiff the un­
used portion of her transportation and, with the aid of a 
peace officer, required plaintiff to leave said bus. In re­
quiring plaintiff to leave said bus, said driver gave plaintiff 
more than ample time to respond to his requests and direc­
tions, but plaintiff refused to move to the rear of the bus 
or to leave said bus, and said driver and said peace officer 
used only such force as was necessary to require plaintiff 
to leave said bus; and neither plaintiff nor her clothing, 
luggage or accessories were at all injured or damaged there­
by. The said rule of the defendant, and the enforcement 
thereof by said driver and peace officer, is and was reason­
able and necessary for the convenience, comfort, health and 
safety of defendant’s passengers and was and is promul­
gated and enforced pursuant to defendant’s duties to the 
general traveling public as a common carrier. All the acts 
of said driver were done pursuant to said rule, and all of 
said acts of said driver and the rules of the defendant under

Answer



15

which he acted were reasonable and necessary for the con­
venience, comfort, health and safety of defendant’s passen­
gers on said occasion and were reasonable and necessary 
in the exercise of defendant’s duties to the general traveling 
public as a common carrier.

W herefore, defendant demands that plaintiff’s petition 
be dismissed and that she take nothing thereby. Defen­
dant further demands that it be awarded its costs and any 
other relief to which it may appear to be entitled.

Davis, B oehl, V iser & Marcijs

By George B. E ffixger

W aller, T hrelkeld & W hitlow

By Hexry W hitlow

Attorneys for Defendant

Answer

Order

(Entered November 18,1946)

SwiNFORD, J.

On motion of the Plaintiff, it is ordered that this case 
be continued until further orders of this Court.



16

Plaintiff’s Interrogatories to Defendant Under Rule 33

(Filed April 2, 1947)

Plaintiff’s interrogatories to defendant, to be answered 
in writing and under oath by any officer of defendant com­
petent to testify in its behalf, within fifteen (15) days after 
the service hereof, pursuant to Rule 33 of the Rules of Civil 
Procedure:—

1. State the name and residence of the driver of de­
fendant’s bus mentioned in Paragraph VII of the answer.

2. State the name, residence, and official capacity of the 
peace officer mentioned in said paragraph of said answer.

3. State in what manner the defendant’s alleged rule as 
to the seating of colored passengers, referred to in said 
paragraph of the answer, was made “ well known to the 
general traveling public”  at or prior to the time com­
plained of by plaintiff.

J oseph S. F reeland
Attorney for Plaintiff.



17

Defendant’s Answer to Plaintiff’s Interrogatories 
Under Rule 33

(Filed April 18, 1947)

Now comes the Defendant and answers under oath 
Plaintiff’s interrogatories, pursuant to Rule 33 of the Rules 
of Civil Procedure.

1. The name and residence of the driver of Defen­
dant’s bus is: J. B. Martin, 449 Baltimore Street, Jackson, 
Tennessee.

2. The name, residence and official capacity of the peace 
officer mentioned in paragraph 7 of Defendant’s answer is: 
Martin E. Robinson, Wickliffe, Kentucky, Town Marshal.

3. The defendant’s rule as to the seating of colored 
passengers referred to in paragraph 7 of Defendant’s an­
swer is published in the Rules and Regulations Tariff on 
file with the Kentucky Division of Motor Transportation, 
Frankfort, Kentucky, filed on the 15th. of November, 1938. 
The rule of the seating of passengers is on file with the In­
terstate Commerce Commission in the Defendant’s Rules 
and Regulations Tariff filed on the 15th. of November, 
1938; and also on file with the Kentucky Division of Motor 
Transportation in its Rules and Regulations of the Local 
Passenger Tariff on November 15, 1938.

Defendant further states that it has, from time to time, 
issued instructions to its drivers, which instructions are 
well known to the traveling public because of the custom, 
usages and universal practice and has been followed for 
many years by the Defendant and the traveling public. The 
instructions being that colored passengers will be seated 
in different sections of the motor coach than white pas­
sengers.

T. L. B axter, 

Assistant Secretary.



18

Amended Complaint

(Filed April 21, 1947)

Comes the plaintiff, Elizabeth Whiteside, and by leave 
of Court amends her complaint heretofore filed, and for 
amendment says:—

That by the words “ scope of his authority”  as used in 
her complaint, there is meant, wherever said expression is 
employed, the scope of the authority to act for the defen­
dant, Southern Bus Lines, Incorporated, as conferred by 
said defendant upon the driver of the motor bus mentioned 
in the complaint; but plaintiff does not admit or concede, 
by the use of said expression in her pleading, any right on 
the part of the defendant, as against this plaintiff, to com­
mit any of the acts complained of by her in the complaint, 
either by the said driver or by any other of its agents, ser­
vants, or employes, or at all.

That by the following allegations in Paragraph VI of 
her complaint, to-wit:—

“ —that under the operating rules of the defendant 
the duties and authority of the drivers of the de­
fendant, including the said driver, include and in­
cluded at all times in this complaint mentioned, the 
supervision and direction of the seating of passen­
gers upon the buses of the defendant, including the 
said bus from which plaintiff was ejected, and in-



19

Amended Complaint

elude and included at all times in this complaint 
mentioned, the ejection from said buses, including 
the said bus, of any and all passengers violating or 
refusing to obey the instructions of the said drivers 
of the defendant with reference to seating,— ”

there is meant that, under the said operating rules of the 
defendant, the said duties and authority to act for the de­
fendant in all of said matters had been and were, at all 
times mentioned in the complaint, conferred by the defen­
dant upon its said drivers, including the driver of the 
motor bus mentioned in the complaint; but plaintiff does 
not admit or concede, by the use of said language in her 
said complaint, any right on the part of defendant, as 
against this plaintiff or any of the defendant’s passengers, 
to commit any of the acts complained of by her in her com­
plaint, either by the said driver or by any other of its 
agents, servants, or employes, or at all.

Plaintiff now reiterates and incorporates herein by ref­
erence thereto each and all of the allegations of her said 
complaint, as so understood, as though the same were fully 
set out herein verbatim and at length.

W herefore, she prays as in her said complaint.

J oseph S. F eeeland
Attorney for Plaintiff.



20

Order

(Entered April 21, 1947)

S helbottrne, J.

By agreement of counsel on both sides, it is ordered that 
this case be continued to the special term of this court to 
be held May 12, 1947.

Trial Order

(Entered May 14, 1947)

Shelboubne, J.

This cause came on for trial by the Court without a 
jury on May 14, 1947. Both sides announced ready. Joseph 
S. Freeland appeared as counsel for the plaintiff, and 
Thomas 8. Waller, Henry 0. Whitlow and George Effinger 
as counsel for the defendant.

Opening statements were made by counsel for each side, 
after which witnesses were introduced and depositions pro­
duced as evidence by the plaintiff. At the conclusion 
thereof the defendant introduced and concluded its evi­
dence, and the Court not being sufficiently advised, i t  is  
o r d e r ed  by agreement that a transcript of evidence and 
proceedings be prepared, one copy each for the Court, Clerk 
and plaintiff and twro copies for the defendant, both plain­
tiff and defendant are to pay cost of its copy or copies. 
Upon receipt of transcript, each side will prepare Brief 
within a reasonable time and file with this court.



21

Notice to Take Depositions

E lizabeth W hiteside, i
Plaintiff I the District Court of the

J ’  [ United States for the Western
against V District of Kentucky, at Padu-

/  cah, Kentucky.
SOUTHERN BlJS L in e s , I n c ., I Civil Action No. 419. 

Defendant. I

To the above named Southern Bus Lines, Inc. and its at­
torneys Waller, ThreUceld & Whitlow

You are Hereby Notified, That depositions of witnesses 
L. B. Howell, M. D., and H. E. Erwin, M. D., St. Louis, Mo., 
to be read in evidence in the above entitled cause, on the 
part of the Plaintiff will be taken at the law office of David 
N. Grant, Esq., Boom 310, 11 North Jefferson Ave. in the 
City of St. Louis and State of Missouri on the 2nd day of 
April, 1947 between the hours of eight o ’clock in the fore­
noon and six o ’clock in the afternoon of that day; and that 
the taking* of said depositions, if not completed on that day, 
will be continued from day to day, at the same place and 
between the same hours, until completed.

/ s /  J oseph S. F reeland 
Attorney for Plaintiff

We received copy of above this 3/21/47

/ s /  W aller T hrelkeld & W hitlow, Attys.

Deposition set for 5 :50 p. m.



22

Testimony

IN' THE

DISTRICT COURT OF THE UNITED STATES,

F oe the W estern D istrict oe K entucky.

E lizabeth W hitside,
Plaintiff,

vs.

Southern Bus L ines, Inc.,
Defendant.

Civil A ction N o . 419

Depositions of H. J. Edwin and Leslie B. Howell, taken 
on behalf of plaintiff, pursuant to attached notice, before 
Lois McMullin, a Notary Public, at the law office of David 
M. Grant, Esq., Room 310, 11 North Jefferson Avenue, in 
the City of St. Louis and State of Missouri, commencing on 
the 2nd day of April, 1947, at 5 :50 p. in., and being con­
tinued by agreement of counsel to April 10, 1947, at 3:00 
p. m., and completed on that day, in a certain cause now 
pending in the District Court of the United States for the 
Western District of Kentucky, between Elizabeth White- 
side, plaintiff, and Southern Bus Lines, Inc., defendant, on 
the part of the plaintiff.

Appearances:

David M. Grant, Esq., for plaintiff;

Moser, Mabsalek, Dearing & Carpenter, by Byron 
G. Carpenter, Esq., for defendant.



23

EL J. E rwin, of lawful age, being produced, sworn and 
examined on behalf of plaintiff, deposes and says:

Direct examination by Mr. Grant.

Q. Doctor, state your name, please? A. EL J. Erwin.
Q. And what is your business or profession? A. Psychi­

atrist.
Q. What schools did you attend, Doctor? A. Meharry 

Medical School.
Q. Any others, Doctor? A. Well, postgraduate, yes.
Q. Where? A. At the College of Physicians and Sur­

geons, Columbia University, New York.
Q. Did you specialize in any work there? A. Yes.
Q. In what work did you specialize? A. Neurology and 

Psychiatry. And Harvard Medical School.
Q. And did you specialize in any work there? A. Yes.
Q. What? A. Psychiatry and Neuropathology.
Q. Do you hold any degrees from Columbia University 

or Harvard? A. No. I have a Specialist rating with the 
American Board of Psychiatry and Neurology.

Q. And do you hold any positions in the City of St. 
Louis? A. Yes, at the moment I am the Acting Director of 
the Psychiatric Division of the Homer Phillips Hospital.

Q. And what is the bed capacity of Homer Phillips Hos­
pital? A. Well, around 780, something like that.

Q. And you are the Director of the Psychiatry Division 
of that hospital? A. Division, yes.

Q. What kind of hospital is that, Doctor, private, or 
city? A. It is city, municipal hospital.

Q. Doctor, did you have an occasion to observe or di­
agnose or treat Elizabeth Whiteside? A. Yes, we observed 
her at the Homer Phillips Hospital.

Deposition of II. J. Erwin—For Plaintiff—Direct



24

Q. You observed her at the Homer Phillips Hospital? 
A. Yes.

Q. And was that ease referred to you, Doctor, or did 
she come in as just a regular patient, or did she come in on 
the service of a physician? A. Well, she was admitted as a 
routine admission on the ward, but a physician had made 
efforts to get me to see the patient on the outside and had 
failed.

Q. Who was that physician? A. Dr. L. B. Howell.
Q. Do you have your records, or have you consulted 

your records touching your observation and treatment of 
Elizabeth Whiteside? A. No, I don’t have the records 
here.

Q. Have you consulted them recently? A. No, I haven’t.
Q. Do you have any independent recollection of the 

treatment? A. I have independent recollection that she 
was on the ward for the treatment of nervous diseases, and 
without referring to the record I couldn’t be too specific.

Mr. Grant: Off the record.

(Discussion off the record.)

Mr. Carpenter: Doctor, now we have been dis­
cussing off the record the need for a continuance of 
the deposition. Mr. Grant would like to have it con­
tinued and I am interposing no objection to it. Now, 
do you mean you will refer to the hospital record or 
your own private records?

Witness: There are no private records.
Mr. Carpenter : There are hospital records?
Witness: Yes.
Mr. Carpenter: Is there any way, if we continue 

this, for you to have those records here?
Witness: Oh, yes.

Deposition of H. J. Erwin—For Plaintiff—Direct



25

Mr. Carpenter: Will you do that?
Witness: Yes.
Mr. Grant: All right, then, suppose we pass it to 

next Thursday, April 10th, at 3 :00 p. m.

(Thereupon the witness was excused until Thurs­
day, April 10,1947, at 3 :00 p. m.)

Deposition of Leslie B. Howell—For Plaintiff—Direct

L eslie B. Howell, of lawful age, being produced, sworn 
and examined in behalf of plaintiff, deposes and says:

Direct examination by Mr. Grant.

Q. What is your name? A. Leslie B. Howell.
Q. And what is your profession? A. Medicine.
Q. Medicine? A. And Surgery, yes.
Q. Are you a physician? A. Yes.
Q. And what school or schools did you attend? A. 

Meharry Medical College, graduated in 1925.
Q. Did you attend any other schools or institutions? A. 

I spent three years at Hospital No. 2 in advance work.
Q. What is Hospital No. 2 called now? A. City Hos­

pital, Homer Phillips.
Q. Did you follow any particular branch of work, ad­

vanced work? A. Yes.
Q. What was that? A. Gynecology and Obstetrics.
Q. Are you a practicing physician now? A. Yes.
Q. And are you on the staffs of any hospitals? A. All 

the hospitals in the city, in my group.
Q. Will you name those hospitals? A. St. Mary’s, 

Homer Phillips, and Peoples Hospital.
Q. Those are the only hospitals in St. Louis openly ca­

tering to colored? A. That is right.



26

Q. Are there any other types of hospitals in the city 
that are open to colored? A. No.

Q. Doctor, do you know Mary E. Whiteside? A. Yes.
Q. How did yon come to know her? A. Her aunt works 

for me, has worked for me for seventeen years.
Q. You have met Mary through her Aunt? A. Through 

her Aunt and through her mother and through the whole 
family.

Q. You are familiar with her whole family, is that right? 
A. Yes, that is correct.

Q. Did you ever have occasion to treat Mary Whiteside ? 
A. Yes.

Q. You say they worked for you, Doctor. Did you have 
any other relationship with her family? A. Other mem­
bers in the family that I have treated and her mother, who 
came from Paducah, Kentucky, for my medical advice.

Q. Well, I am trying to ask you, Doctor, are you the 
family physician? A. That is right, yes.

Q. Now, as family physician to the Whitesides, how 
long have you known Mary? A. I have known Mary for a 
period of five years or more.

Q. And during that time have you treated her from time 
to time? A. Yes, I have.

Q. Now, did you have an occasion to observe or treat 
Mary after the 6th of May, 1946, or within a reasonable 
time thereafter? A. Yes.

Q. And do you remember what that observation and 
treatment was for? A. Yes.

Q. Will you please tell us? A. I saw Mary, she having 
no ostensible wounds that I could point to, had to do with 
surgical dressing. Well, she gave me a history of what had 
happened to her, and she had female difficulties, irregular 
menstrual.

Deposition of Leslie B. Howell—For Plaintiff—Direct



27

Q, What did she tell you happened to her, Doctor1? A. 
Well, as near as I can figure, that she was handled, man­
handled, very severely.

Mr. Carpenter: I ask that be stricken as a con­
clusion of the doctor.

Q. (By Mr. Grant.) What did she tell you, Doctor, had 
happened to her that caused here to come to you? A. She 
was ejected from a bus. She was manhandled. What I 
mean by that, he just went right ahead and picked her up.

Q. When you say she was manhandled, what do you 
mean by that? A. Well, in other words, they picked the 
kid up and threw her off the bus.

Mr. Carpenter: Same objection and ask that the 
answer be stricken on the ground it is a pure con­
clusion on the part of the doctor, not based on any 
personal knowledge of the occurrence.

Q. (By Mr. Grant.) What did she come to you com­
plaining with, Doctor, if anything? A. Menstrual disturb­
ances and backache.

Q. Menstrual disturbances and backache? A. That is 
right.

Q. And did she give you any report of what she be­
lieved had caused this ? A. Yes.

Q. What did she say happened to her? A. As near as 
I can remember, she was ejected from this bus.

Q. Did she give you any history of a recent trauma that 
she suffered? A. Yes.

Q. Well, please tell us what that is. A. She had never 
before had any menstrual disorders prior to this.

Q. What was the trauma that she described? A. Back 
and lower portion of the abdomen.

Deposition of Leslie B. Howell—For Plaintiff—Direct



28

Q. And how did she say she had this trauma! A. She 
was manhandled. Pardon me for using that term.

Q. Well, by who! A. The employees of the bus. In 
other words, the poor kid—-

Q. What did she say they did to her! A. They ejected 
her and slapped her and threw her out.

Q. Physically threw her out! A. Yes, sir, threw her 
out; yes.

Q. Now, over how long a period did you observe and 
treat her, Doctor? A. I treated her for a period of six 
months.

Q. And did you recommend any sort of specialized ob­
servation or treatment! A. Yes.

Q. What recommendation did you make? A. This pa­
tient went into a nervous condition; she went off.

Q. You say she “ went o ff” , what do you mean? A. 
Well, she had hysteria, some form of mental.

Q. All right, what did you recommend? What special­
ized service or treatment did you recommend, if any? A. 
Dr. Erwin, neuropsychiatrist.

Q. And do you know where he observed her? A. Yes.
Q. Do you know where? A. Yes.
Q. Where? A. At Homer Phillips Hospital and at her 

home on North Garrison.
Q. Did he make a written report to you? A. No, not 

as yet.
Q. He did not. Had you at any time during the five 

years prior to May 6, 1946, and during your treatment and 
observation of Mary Whiteside as her family physician had 
cause to suspect or believe or had you noticed any symptoms 
of hysteria or any nervous ailment? A. No.

Q. What treatment did you give her, Doctor? A. For 
her back and for her menstrual disorder, I gave her med-

Deposition of Leslie B. Howell—For Plaintiff—Direct



29

icine to correct those kind of things; and treated her even 
for her nervous condition to the time I had to call in Dr. 
Erwin, when it got out of my control.

Q. Did the menstrual condition improve? A. Slightly, 
yes.

Q. Was there improvement in the back condition? A. 
Yes.

Q. Now, you stated that the nervous condition got out 
of your control? A. Yes.

Q. Did you mean by that that it did not improve? A. It 
came up, it was a sequela; in other words, this followed her 
original condition, see.

Q. Did you notice this nervous condition at your first 
observation subsequent to May 6, 1946? A. No.

Q. Do you recall about how long it was after your first 
observation subsequent to May 6th, ’46, that you noticed 
this nervous condition developing? A. Yes.

Q. About how long afterward? A. Approximately three 
or four months now. This was not present at that time.

Q. Did it seem to become progressively worse, the ner­
vous condition? A. Yes.

Mr. Carpenter: Let the record show that an­
swer came in before I had time to object. I object 
to the question on the ground it is leading and sug­
gestive.

Q. (By Mr. Grant.) Well, you say you first noticed it 
about four months after— A. Approximately, yes. It 
might have been before or after that.

Q. Did you attempt to treat it? A. Yes.
Q. Did the condition respond to your treatment? A. Not 

mine.

Deposition of Leslie B. Howell—For Plaintiff—Direct



30

Q. When is the last time you saw her, Doctor! A. I last 
saw her, as near as I can remember, about three weeks ago.

Q. About three weeks ago? A. Yes; three or four 
weeks; I don’t remember just.

Q. Did you see her professionally at that time? A. No.
Q. When did you last see her professionally? A. I last 

saw her professionally, it has been at least two months 
ago.

Q. Did you observe whether or not there was any change 
in this nervous condition you have described? A. Yes.

Q. Will you tell us what that change was? A. She had 
improved.

Q. She had improved? A. Yes.
Q. Have you been paid for your treatment of her? A. 

Partially.
Q. How much? A. I don’t remember the exact amount, 

because her aunt works for me, and this family—
Q. Do you remember what your total bill was for treat­

ment? A. I don’t remember at this time, no.

Mr. Grant: I think that is all.

C ross  exam in ation  by M r. C a rp en ter .

Q. Doctor, as I understand it, now, you are a long time 
friend and associate of this family? A. That is correct.

Q. And you have known Mary Whiteside a long time per­
sonally, as well as from a professional standpoint? A. That 
is correct.

Q. How old is she? A. I don’t remember right now. I 
have got her card in my office, but I think she is about 
twenty-three or so.

Q. Now, that brings to mind that inquiry, Doctor, you 
say you have cards in your office? A. Yes.

Deposition of Leslie B. Howell—For Plaintiff—Cross



31

Q. Now, you knew you were subpoenaed—you were sub­
poenaed to come down here this afternoon, were you, or did 
you come voluntarily? A. No, Mr. Grant called me.

Q. You came down without a subpoena to testify? A. I 
haven’t seen any subpoena.

Q. I say, you came down on telephone call from Mr. 
Grant, Miss Whiteside’s attorney? A. That is correct.

Q. And you knew, what you were coming here for ? A. 
That is correct.

Q. Did you consult your records before you came? A. 
No.

Q. When did you last consult them? A. Probably two 
months ago.

Q. A while ago on direct examination you said “ As near 
as I can remember, Miss Whiteside said that she was ejected 
from a bus.”  Now, would you have taken any history from 
her and have recorded it on your records in your office? A. 
Yes.

Q. Don’t you think you could have better advised us on 
this if you had your records ?

Mr. Grant: I object to that as being argumenta­
tive.

Q. (By Mr. Carpenter.) Well, at any rate, you didn’t 
bring your records down here today, did you? A. No.

Q. Well, when did you first see Miss Whiteside follow­
ing May 6, 1946, on what date? A. I don’t remember.

Q. Can you give us any idea how long after May 6th it 
was when you first saw her? A. Approximately three or 
four weeks.

Q. Your records would show that had you brought them 
down, wouldn’t they? A. Yes, they would show it. I think 
it was in June.

Deposition of Leslie B. Dowell—For Plaintiff—Cross



32

Q. In June some time? A. Yes.
Q. Now, you say you found no objective signs of injury 

about her? A. No lacerated wounds.
Q. Or bruises or anything like that? A. No.
Q. In other words, the things you did see and you have 

testified to were matters subjectively given to you by the 
plaintiff, Miss Whiteside? A. By my findings and her 
story.

Q. You didn’t see any objective signs of injury about 
her ? A. I found no open wounds, but I did find—

Q. Did you find any marks about her at all? A. No.
Q. Have you any idea how many times you saw her pro­

fessionally and treated her after May 6th? A. Approxi­
mately, I couldn’t answer that, because—

Q. Your records, again, would have shown that had you 
brought them down? A. No, they wouldn’t because, you 
see, in the family, being my Secretary.

Q. Do you keep records of treatments for the purpose 
of billing? A. Not people that are near to me.

Q. When had you last had occasion to treat or observe 
Miss Whiteside before May 6th, Doctor? A. It must have 
been about a month ago.

Q. You mean, a month before May 6, 1946? A. No, I 
mean—

Q. I am talking about, now, before May 6, 1946, when 
was the last time prior to that, that you had occasion to 
treat her ? A. I am unable to answer the approximate elate.

Q. Your records would perhaps show that? A. Maybe 
they would, maybe they wouldn’t.

Q. Do you recall what you treated her for prior to May 
6th? A. Yes.

Q. What? A. I treated her for menstrual disturbances.

Deposition of Leslie B. Howell—For Plaintiff—Cross



33

Q. You understand my question, Doctor, you are not 
confused in giving me these answers? A. Well, maybe I 
had better ask you—

Mr. Grant: Let the reporter read the question to 
him.

(Question read by reporter: “ Do you recall what 
you treated her for prior to May 6th?” )

A. Oh; prior to.
Q. (By Mr. Carpenter.) Is that correct, Doctor? A. 

Oh; prior to May 6th?
Q. Yes. A. I am not correct in that. It might not have 

been anything at all, as much as I can remember.
Q. I just wanted to be fair with you. Did you ever have 

her in the hospital before? A. No.
Q. Now, you say that when she first came to you follow­

ing May 6th she showed no evidence of being nervous at 
that time, that didn’t develop for three or four months? A. 
As near as I can remember, it must have, but these other 
symptoms she had, and these other things came on as a 
sequela.

Q. And the last time you saw her professionally, two 
months ago, she had cleared up from her nervousness at 
that time? A. So far as I am concerned, she was better. 
I don’t know whether she was cleared or not.

Q. But she appeared to be normal? A. To me, yes, but 
I am not a neuropsychiatrist.

Mr. Carpenter: That is all.
Mr. Grant: I think that is all.

Deposition of Leslie B. Howell—For Plaintiff—Cross

/ s /  D r. L. B. H owell



34

Subscribed and sworn to before me this 30 day of April, 
1947.

/ s /  D. M. Grant

Notary Public.
My term expires 3/10-1951 (seal )

Deposition of H. J. Erwin—-For Plaintiff—Direct

(Thereupon the taking of depositions was continued to 
3:00 o ’clock p. m., Thursday, April 10, 1947, at the same 
place.)

Pursuant to continuance above noted, the taking of dep­
ositions was resumed on Thursday, April 10, 1947, at three 
o ’clock p. m.

H. J. E rwin, being recalled in behalf of plaintiff, testi­
fied as follow s:

D irect exam in ation  by M r. G rant (C on tin u ed ).

Q. Your name is Dr. Erwin? A. Yes.
Q. And you are the same doctor who was previously 

sworn on the second of April? A. Right.
Q. In this deposition. Doctor, have you since procured 

your records with reference to Elizabeth Whiteside? A. 
I have.

Q. And will you tell us what those records show with 
reference to your first observation, treatment or diagnosis, 
if any? A. Elizabeth Whiteside was admitted the first of 
November 1946 on the psychiatric division.

Q. Of what hospital? A. Of Homer Phillips Hospital. 
According to the record, the patient had been raving and



35

talking at random. She had been fairly nervous, was pull­
ing her hair—

Mr. Carpenter: Just one moment, Doctor. Are 
you reading from the record!

Witness: I am reading from the record.
Mr. Carpenter: Do you have any independent

recollection of that history being taken by you or 
somebody else?

Witness: No, that record was taken by a doctor 
under my supervision.

Mr. Carpenter: You didn’t take the history your­
self?

Witness: Not that.
Mr. Grant: Proceed, Doctor.
Mr. Carpenter: Proceed.

A. This had been going on for a period of two or three weeks 
without any relief. Now, my own contact with her on this 
admission was a day later, when she said that in May of 
1946 she was going to Paducah, Kentucky, and she was ac­
costed by the driver of the bus and an associate, was taken 
from the bus, handled by the men violently and threatened. 
Since that time she had been frightened, had felt nervous 
and jumpy, had been unable to sleep, had no energy, memory 
has been poor, has been unable to sleep, and she had heard 
noises when apparently there was no noise in the surround­
ings. She complained of smothering and choking of the 
breath in her chest. She experienced pounding heart beats 
and cramps in the calves of both legs. The neurological ex­
amination showed the pupils to be wide.

Mr. Carpenter: This was an examination made 
by you ?

Deposition of H. J. Erwin—For Plaintiff—Direct



36

A. Yes. And the fingers of the outstretched hands showed 
fine tremors. The palms were moist, reflexes were brisk, 
without pathological toe signs. The impression, or the di­
agnosis, she was suffering from anxiety, or psychoneurosis, 
traumatic in origin. She was given hemabarbital, that is 
the medical, grains one and a half daily, and she was ob­
served and discharged to our out pateient clinic for further 
treatment.

Q. (By Mr. Grant.) Have you finished, Doctor? A. I 
have.

Q. Have you seen her since that time? A. Yes.
Q. When? A. Tuesday of this week.
Q. That would be April 8th? A. 1947.
Q. Did you make an examination of her on April 8th? 

A. Yes.
Q. Will you tell us what your examination revealed? A. 

The patient complained in a similar manner as to this writ­
ten record. She is unable to sleep, she has lost weight, she 
expresses that she is unable to stay put any place and feels 
as though she wants to scream.

Q. Have you finished? A. I have.
Q. Aside from these symptoms, which I believe are 

called subjective symptoms— A. Yes.
Q. —did you make any other physical examination of 

her condition? A. Yes.
Q. What examination did you make ? A. We performed 

a neurological examination.
Mr. Carpenter: When was this, Doctor?
Witness: April 8th.
Mr. Grant: That is, last Tuesday.

A. And as I pointed out, there were tremors of the out­
stretched hands; the palms were moist. Her heart beat was 
110 and the pupils were large, dilated.

Deposition of H. J. Ertoin—For Plaintiff—Direct



37

Q, Is that all? A. Her deep reflexes were faster than 
normal, or were exaggerated.

Q. Have you finished? A. Yes.
Q. Now, these symptoms that you have just described 

are objective, are they? A. They are.
Q. What do they indicate, or were you able on April 

8th to make a diagnosis or to determine an opinion in your 
own mind as to whether or not her condition had improved 
over the period from November 1st to April 8th, whether 
it had retrogressed or whether it wTas the same? A. In my 
opinion, based on the history from the patient and from 
the neurological examination, my opinion is that the process 
is still about the same as November.

Q. It has remained about— A. About the same.
Q. About the same. No improvement or no retroges- 

sion? A. No.
Q. A little while ago, Doctor, you stated that her present 

neurological condition was traumatic? A. Yes.
Q. Am I right in assuming that trauma means from 

some outside force, generally? A. Yes.
Q. Did this patient give you any history of ever having 

suffered any violence to her person other than the violence 
she complained of having suffered in May of last year at the 
hands of the bus driver? A. No.

Q. Did you inquire into that ? A. I did.

Mr. Grant: I think that is all.
Mr. Carpenter: Just one moment, Doctor, until I 

glance at this record, if you don’t mind, please.
Mr. Grant: Well, I will add this one question, if 

I  may, Mr. Carpenter.

Q. Could you at this time, based on your examinations, 
give a prognosis with reference to her condition? A. Well,

Deposition of II. J. Erwin—For Plaintiff—Direct



38

there are three types of prognoses usually, good, fair and 
guarded. When a patient is going to recover you say the 
prognosis is good, when the outlook is not so positive you 
say it is fair, and when you are pretty sure they are not 
going to recover, why, it is guarded. I believe she has a 
fair opportunity to get well, with careful treatment.

Mr. Grant: That is all.

C ross  exam in ation  by M r. C a rp en ter .

Q. Doctor, how old is this girl, do you recall? A. Well, 
she is a young women, I think under thirty.

Q. This that you have just handed me is the record of 
the Homer Phillips Hospital on this case ? A. That is right.

Q. That is a public record, and you brought it with you 
for the purpose of refreshing your recollection as to the 
treatment of this woman? A. Yes.

Q. This record shows she is twenty-three years of age. 
Is that about right? A. Approximately that age.

Q. The record shows she was admitted on November 1, 
’46, and was discharged on November 4, ’46? A. 4th.

Q. And I believe the record states here “ Admission di- 
agonis Psychoneuroses—type unknown” , is that correct, 
Doctor—what do you mean by “ type unknown”  there? A. 
Well, at that moment the physician wasn’t able to tell the 
contributing factor to the illness.

Q. That was the admission diagnosis then, was it? A. 
Yes.

Q. Now, Doctor, it is true, isn’t it, that there are many 
causes for neurosis, isn’t that correct? A. Oh, yes.

Q. It may be because of worry of most any kind, is that 
correct? A. Yes.

Q. A neurosis is just functional? A. Yes.

Deposition of H. J. Erwin—For Plaintiff—Cross



39

Q. No disease of the nervous system or involvement of 
the organic nervous system at all? A. It is not an organic 
disease.

Q. You didn’t find any organic involvement. In other 
words, the neurological tests you gave her, consisting of 
her reflexes, etc., her tremors, etc., those were all functional 
disturbances, weren’t they? A. There were no anatomical 
changes to cause it.

Q. Now, as you say, there are many origins of that con­
dition. Did you take a history from her as to whether or 
not she had ever had any of these symptoms before ? A. In 
the last contact with her she indicated all the clinical signs 
had occurred since this unfortunate incident in Kentucky.

Q. Are you testifying, Doctor, from an independent rec­
ollection, or from these hospital records? A. No, I am tes­
tifying from an interview with the patient April 8th.

Q. I am talking about the time she first came into the 
hospital or she first came under your observation. Did you 
relate from the records there, or from your independent 
recollection ? A. There is a yellow sheet in the record which 
contains my findings.

Q. Well, I notice here on November first an item in the 
hospital record: “ Case history” . Now, that is where the 
examiner puts down the history of her case as she gives it, 
is that correct? A. That is the routine hospital procedure 
for internes, yes.

Q. I note here under that note “ Case History”  here: 
“ Patient has been acting nervous, pulling her hair and talk­
ing at random. The beginning of this condition, began 
about two weeks ago.”  That would make it about the mid­
dle of October, 1946, is that correct? Is that correct, Doc­
tor? A. Yes, two weeks from that is about October.

Deposition of II. J. Erwin—-For Plaintiff—Cross



40

Q. Continuing, “ She became worse last night and a doc­
tor was called and patient was given a sedative, which gave 
her a little relief. She had never had any such attacks be­
fore. Informant states that patient has been deeply con­
cerned about her mother. ”  That is according to the history 
she gave, according to the record here, is that right? A. 
According to her record.

Q. Then, continuing under that same admission case 
history note, I find these words: “ Dysmenorrhea admitted 
marital: Never married. Child admitted at age of 14 years. ’ ’ 
Is that correct, Doctor? A. That is the record.

Q. Then, the record further shows an operation in De­
troit in 1940. Pus tubes were removed. Is that correct, 
record showing? A. That is the note the record shows 
there.

Q. Did your examination show there had been an opera­
tive soar, Doctor—what does it mean, “ pus tubes” ? A. 
It is an inflammatory condition.

Q. Of the uterine tubes ? A. Fallopian tubes.
Q. Can a condition of that kind, removal of tubes, Doc­

tor, cause a neurosis such as you found in this woman? A. 
By and large, most women who have tubes removed do not 
develop a neurosis.

Q. By and large, isn’t it a fact, Doctor, that unless a 
woman continues to take shots after removal of her tubes 
or female organs she is going to be in a highly nervous state, 
sometimes bordering on insanity? A. Not the tubes.

Q. Then you say the removal of tubes has no effect on 
the nervous system? A. The removal of the tubes has no 
effect.

Q. Does the condition which necessitiates the removal 
of the tubes have any effect on the nervous system?

Mr. Grant: I object that.

Deposition of H. J. Erwin—For Plaintiff—-Cross



41

Q. (By Mr. Carpenter.) The condition which it says in 
this record caused the removal of her tubes, does that have 
any effect on her nervous system ? A. I said, no.

Q. Now, I note on page 5 of this hospital record an entry 
reading as follows. I beg your pardon, that is on page 6. 
“ Reflexes at this time are all normal. No hyperactive re­
flexes are noted.”  Is that the record showing there, Doc­
tor? A. Yes.

Mr. Grant: What date is that ?
Mr. Carpenter: That all shows the.date Novem­

ber 1st, according to this record.

Q. Isn’t that true, Doctor, November 1, 1946? A. She 
was admitted on November first.

Q. Well, all these entries, look over it and see, are be­
hind the date November first, is that correct? A. Yes.

Q. Now, a further entry, on page 7 of the hospital rec­
ord, under the head “ Admission notes” , date November 1, 
1946: “ This 23 year old” —I am reading from the record, 
Doctor, and if I am wrong stop me, please—“ This 23 year 
old female accompanied to the Ward by her Aunt. The Aunt 
states that about two weeks ago the patient began to get 
quite nervous and irritable and at about the same time 
patient’s mother came home after being in this hospital 
several weeks. The Aunt states that patient has always 
been quite devoted to her mother and when mother was in 
the hospital patient was quite normal. Patient has become 
progressively more irritable during the last two weeks.”  
Is that correct, now, Doctor? A. If you are reading it cor­
rectly.

Q. All right; that is a part of the record? A. Yes.
Q. I am reading from page 9 of the record, under the 

topic or heading “ Physical Examination. Heart. Rate of

Deposition of H. J. Erwin—For Plaintiff—Cross



42

heart normal. No evidence of murmur or cardiac enlarge­
ment.”  Is that right on the record here, Doctor? A. That 
is in the record.

Q. The last entry that I read here says: £‘ Her course in 
the hospital has been uneventful. Patient discharged im­
proved to return to clinic.”  Is that correct, Doctor? A. 
Correct.

Q. Now, aside from this typewritten sheet which bears 
your signature, at the very end of this hospital record here, 
do you find anything in the whole record, Doctor, that re­
fers at all to a bus affair or to being manhandled on a bus? 
A. No.

Q. And the parts of the hospital record that I read to 
you, those records were made by physicians other than 
yourself, I take it, is that correct? A. That is right.

Q. The only writing in there that has to do with your 
treatment is a yellow' 8^x11 sheet which you have inserted 
in the hospital records, is that correct? A. That is a part 
of the hospital records.

Q. I say, you inserted it in there, did you not? A. Yes.
Q. To your knowledge she gave no history to any other 

members of the hospital staff about this bus affair, is that 
correct, Doctor? A. No. I don’t know.

Q. Doctor, I may be mistaken, and probably am, but am 
I to gather that it is your opinion, and is it a fact that a 
person with a functional neurosis, one of the symptoms of 
that is a dilation of the pupils? A. That is a little difficult 
to answer in one word, but the whole neurosis is a disorder 
of a part of a person’s nervous system, and dilation of the 
pupils represents a disorder.

Q. It was my impression you had a contraction of the 
pupils when you had a condition of that sort. Is that wrong? 
A. Yes, I think that is an error.

Deposition of H. J. Erwin—For Plaintiff—Cross



43

Q. A dilation of pupils can also be the result of the use 
of belladonna or atropin or drugs of that character, can’t 
it? A. Sure.

Q. Was this patient referred to you by someone? A. 
She was in the hospital.

Q. You don’t know who sent her to the hospital? A. 
Unless it says there.

Q. You have no independent recollection of Dr. Howell 
referring her to you or to the hospital, do you? A. I saw 
him visit the patient at the hospital.

Q. Well, did he personally refer that case to you as a 
psychoneurosis expert? A. Well, he said to me he sent the 
patient to me, but she never reached my office.

Q. Oh, I see. You happened to run across him at the 
hospital and that is when he made that statement to you? 
A. This ward happens to be the ward I am in charge of. 
He came to visit the patient and I saw him there. I never 
treated her on the outside.

Q. Doctor, did you find any external signs of injury to 
this woman at all at any time? A. I made no examination 
of her for injuries.

Q. And yet you conclude her nervous condition as you 
found it was of traumatic origin? A. Yes. I tried to ex­
plain what that trauma means.

Q. Well, trauma is the application of force? A. Not 
necessarily.

Mr. Grant: Let him explain.
Mr. Carpenter: Well, I have a right to examine 

and then he can explain if he wants.

A. Anything that insults the individual is considered, in 
our way of thinking, traumatic.

Deposition of IT. J. Erwin—For Plaintiff—Cross



44

Q. You mean, then, it is not necessary to have any phy­
sical violence at all in order to sustain a traumatic injury? 
A. Yes.

Q. You mean that? A. I mean that.
Q. Well, your understanding and mine are entirely dif­

ferent, but we won’t quibble about that. At any rate, your 
diagnosis of traumatic origin, then, is based upon a finding 
by you from your history and from your examination that 
she had been insulted? A. Yes.

Q. You don’t mean to infer anywhere through here, 
then, that your prognosis or conclusion was based on the 
assumption that she had a physical insult? A. When I 
speak about trauma I am not talking about being whipped 
or something.

Q. I see. Or struck? A. No.
Q. Did you have any history from Dr. Howell that he 

found or did not find any physical effects of injury? A. No.
Q. Would it make any difference in your conclusions, 

diagnosis or prognosis if it were to be the fact that Dr. 
Howell found no evidence of trauma or physical damage? 
I don’t mean trauma in the sense you mean it, but I mean 
marks of physical violence about her. A. Would that in­
fluence my conclusions ?

Q. Yes. A. No.
Q. Then, as I understand it, you have taken from her 

the history she was insulted, you have taken the story of 
her condition, and coupled that with your findings of ex­
aggerated reflexes, etc.? A. Yes.

Q. And you have concluded she has a neurosis which is 
of traumatic origin? A. That is right.

Q. And at this time you have also known from the hos­
pital record that she has had her tubes removed, that they 
were pus tubes, you knew she was very much concerned

Deposition of H. J. Erwin—For Plaintiff—Cross



45

over her mother’s illness, you knew she was unmarried and 
had a child, and you knew these other things I have read 
you from the record. Don’t those factors come into your 
consideration, Doctor, in arriving at a diagnosis of her con­
dition! A. Her concern for her mother does, but the con­
nection of the tubes is obscure.

Q. Yet, with knowledge of all these other circumstances, 
you conclude the condition. you found her in as late as 
November 1, ’46, was the result of being insulted and not 
the result of something else? A. Yes. I think you will find 
these symptoms she complained of, according to her, were 
present after the accident and not before.

Q. No, that is what I don’t find, Doctor. The hospital 
records as I read them to you showed those symptoms had 
their origin two weeks before she entered the hospital; isn’t 
that correct! A. That is what you read.

Q. I want you to assume further the history this woman 
gave Dr. Howell is that she didn’t become nervous until 
four month after the accident. Now then, can you still say 
that condition you found her in was the result of an insult 
back in May, 1945! A. That is my impression.

Mr. Carpenter: All right, that is all, Doctor.

R ed irec t exam in ation  b y  M r. G rant.

Q. Doctor, the removal of Fallopian tubes is not an un­
common operation, is it? A. No.

Q. Would you say it was rather common? A. It occurs 
often enough. I mean, it is not a rarity by any means.

Q. I  believe this history showed a removal of Fallopian 
tubes in 1940 at Detroit. Well, there was no history given 
you or no history in this record of any of these neurological 
symptoms being present or having occurred between the

Deposition of II. J. Erwin—For Plaintiff—Redirect



46

period in 1940 when the pus tube operation was performed 
and in September or October of 1946! A. No.

Q. May I read further from this record. It begins un­
der “ Admission Note. 11-1-46. This 23 year old female” , 
etc., which was read by Mr. Carpenter. There is the further 
notation here you may have read, but I don’t recall your 
having read it.

Mr. Carpenter: Go ahead and repeat it, it is all 
right.

Q. (By Mr. Grant.) “ Aunt returned from church and 
found patient sitting in bed, screaming and pulling her hair. 
Patient quite hyperactive at the time. L.M.D.”  What does 
that mean, Doctor? A. Local physician.

Q. “ Local Medical Doctor called and patient given tab­
let which quieted her for a while. Patient aroused before 
morning and began talking about dogs, horses and train 
pickets.”

Mr. Grant: Does that look like “ pickets” !
Mr. Carpenter: That is what it looks like to me.

Q. (By Mr. Grant continuing.) “ As patient got no bet­
ter she was brought to the hospital for B .X .”  What is 
that! A. Treatment.

Q. “ Patient went as far as 4th or 5th grade in school 
according to Aunt. She had a child, who is still living and 
well. Child eight year of age. Patient has always been 
able to get along with friends and relatives. Patient works 
at a confectionary at present time. Told by employer to go 
home for a rest yesterday. Patient keeps jobs well. Anti”  
—what is this ? A. Luetic.

Q. —“ treatment not received by patient as far as she 
knows. This patient has never had bad blood.”  Now, 
“ Physical examination. Patient is a ” — A. Well developed.

Deposition of II. J. Erwin—For Plaintiff—Redirect



47

Q. “ Well developed” ? A. Well nourished.
Q. “ 23 year old female, lying in bed, quite hyperactive 

and completely disassociated as to time and place. Patient 
does not respond to verbal stimuli.”  Now, may I ask you, 
Doctor, where it says “ Patient completely disassociated as 
to time and place” , what does that mean? A. It means 
they have no recall as to their identification or the place 
where they are at the moment. They don’t know whether 
it is 1947 or 1920, much less the time of day. They have no 
conception of time.

Q. What does it mean where it says “ Patient does not 
respond to verbal stimuli” ? A. I f we ask: “ What is your 
name?”  “ Would you hold up your hand?”  “ Close your 
eyes.”  I mean, it makes no impression at all.

Q. Now, Doctor, in response to Mr. Carpenter’s question 
regarding trauma induced by insult and you said, “ That is 
what, well, that is the trauma w e  talk about” , were you 
referring to neurologists? A. When I was talking about in­
sults I meant anything, factor or circumstances, that influ­
ences the human organism in a painful manner is considered 
trauma.

Q. Is that primarily to neurogolists, Doctor? A. You 
mean, that definition?

Q. That is right. A. Neurologists and psychiatrists, I 
think.

Q. Neurologists and psychiatrists? A. Yes.
Q. Is it not a fact, Doctor, that the general practitioner, 

physician, when lie uses the word “ trauma” , he is referring 
to some injury caused by external, tangible force? A. Y es; 
that is what he refers to.

Q. But neurologists and psychiatrists, recognizing, am 
I right, that an intangible force such as an insult or an af­
front can cause traumatic injury to the brain or the proc­

Deposition of H. J. Erwin—For Plaintiff—Redirect



48

esses of things—I am probably stating that very unintelli- 
gently, but I am trying to clear up in my own mind— A. 
Well, it is common knowledge that many, many thousands 
of men in the last war suffered trauma when they were near 
the environs of combat, when bombs exploded and the areas 
nearby were strafed, not strafed at them, but the situation 
was to precarious that acted as trauma.

Q. You mean these men were traumatically injured with­
out having received any external physical force? A. Indeed 
so.

Q. Violent force? A. Yes.
Q. Now, of course, Doctor, did you mean to exclude en­

tirely any history or any findings from information gained 
from the patient or otherwise that there was no other 
trauma except this intangible thing, if I may use that word, 
that we have described as insult, having been offered to this 
patient? A. No. I think my answer to this question did I 
find evidence of physical, of trauma on the patient ’s body, 
and I said I didn’t examine for that.

Mr. Carpenter: That is right.

Q. (By Mr. Grant.) But she did give you a history, did 
she not, of having been handled violently? A. Yes.

Q. And threatened? A. Yes.
Q. Doctor, except in the extreme sense, and possibly the 

only sense of a neurologist or psychiatrist, violent handling 
connotes physical, external force. Am I right in that? A. 
Well, can I dilate on that more?

Q. May I reframe the question? A. I understand.
Q. When you put in your record dated November 2, 

1946, which is a typewritten notation, and I quote, para­
graph one: “ The above named patient gives a history
that in May of 1946 she was traveling on a bus to Paduach,

Deposition of H. J. Erwin—For Plaintiff—Redirect



49

Deposition of H. J. Erwin—For Plaintiff—Redirect

Kentucky, whereupon she was accosted by the driver of the 
bus and an associate and was taken from the bus, handled 
violently and threatened” , were you referring there solely 
to her having given a history of having been insulted, with­
out any other violent physical force being applied to her? 
A. No, I had this in mind, that she was actually handled by 
and in such a way that it was considered abnormal.

Q. And violent? A. Yes.
Q. And in that paragraph you were not referring alone 

to insult? A. No, not insult. She was actually made in 
mechanical contact with somebody else who jerked her or 
twisted her in a manner that caused her to be upset.

Q. And that is what this note reflects in your memory of 
the information received from the patient that caused this 
note to be made? A. Yes.

Mr. Grant: I think that is all.
Mr. Carpenter: That is all, Doctor.

/ s /  TI. J. E rwin M. D. N. P.

Subscribed and sworn to before me this 29 day of April, 
1947.

/ s /  D. M. Grant (seal) 
Notary Public.

My term expires 3/10-1951

State of Missouri 
City of St. L ouis

I, Lois McMullin, a Notary Public within and for the 
City of St. Louis, State of Missouri, do hereby certify that 
the foregoing depositions of H. J. Erwin and Leslie B. 
Howell were taken on behalf of Elizabeth Whiteside, plain-



50

V erifica tion

tiff, at the law office of David M. Grant, Esq., Doom 310, 11 
North Jefferson Avenue, in the City of St. Louis and State 
of Missouri, commencing on April 2, 1947, at 5 :50 p. m. and 
thereafter continued to April 10,1947 at 3 :00 p. m., at which 
time the taking of depositions was resumed and completed, 
pursuant to attached notice and agreement of counsel; that 
said witnesses were by me duly and severally sworn and 
cautioned before the commencement of their testimony; 
that the testimony of said witnesses was taken stenographi- 
cally by me and afterwards transcribed into typewriting 
and signed by the witnesses; that plaintiff was represented 
by David M. Grant, Esq., and that defendant was repre­
sented by Byron G. Carpenter, Esq.; that I am not a relative 
or employee or attorney or counsel for either of the parties, 
nor a relative or employee of such attorney or counsel, nor 
am I financially or otherwise interested, directly or indi­
rectly, in the matter in controversy.

If  t e s t im o n y  w h e k e o f , I have hereunto set my hand and 
seal this 5th day of May, 1947.

/ s /  Lois M c M it l l in  ( s e a l ) 
Notary Public.

Fees for taking depositions, to be taxed as costs in
favor of plaintiff:

Attendance and reporting______________  $ 5.00

41 pp. transcript @  .60__________________  24.60

Oaths to 2 witnesses and certificate.-.____ 2.00
Postage________________________________  .25

$31.85



51

Transcript of Evidence

IN' THE

UNITED STATES DISTRICT COURT,

W estern D istrict oe K entucky.

At Paducah

E lizabeth W hiteside,
P la in tiff,

vs. Civil N o. 419
Southern B us L ines, Inc.,

D efen d an t.

Transcript op E vidence

Paducah, Kentucky 
May 14, 1947

Heard before:

Honorable R oy M. Shelbourne, District Judge of the 
United States District Court, Western District of Ken­
tucky, without a jury.

Appearances:

Joseph S. F reeland, for the plaintiff.

M r. Thomas W aller of the firm of W aller., T hrel- 
keld & W hitlow, for the defendant.

Mr, Freeland: The facts, as the plaintiff understands 
them are these. This plaintiff, Mary Elizabeth Whiteside, 
is a young colored woman, some 24 years of age at the



52

present time, a citizen and resident of Paducah, who for 
some years lias from time to time been employed away from 
here in St. Louis, Chicago, and other places, in war work 
and other work. About a year ago she had occasion to make 
a journey from St. Louis, Missouri, where she was working, 
to Paducah, where her home is. She made that journey by 
motor bus over the bus line of the defendant. The defen­
dant’s corporate name is Southern Bus Lines, Inc., and the 
bus system is known as the Trailaway System. The plaintiff 
purchased her ticket at St. Louis about midnight of May 
5, 1946. She boarded a bus of the defendant at that point. 
Her ticket called for her to travel from St. Louis to Paducah 
over the Trailaway System the bus line operated by the 
defendant, changing at Cairo. The bus from St. Louis goes 
on down to Memphis, as I understand. To get to Paducah it 
is necessary, however, to take another bus which leaves Cairo 
about half past seven in the morning and go through Wick- 
liffe and on to Paducah. She arrived in Cairo about 4:20 
in the morning of May 6th. It was necessary there for her 
to, and she did, change to the other bus of the defendant 
going through Wickliffe to Paducah. She boarded this bus 
and the driver took up the unused portion of her ticket 
from Cairo to Paducah. She retained the stub. She got 
on the bus. She was not quite the last person to get on at 
Cairo, as I understand it—there were some 12 or 15 other 
persons on the bus, all of whom were white and none of 
whom she knew or knows. She took a seat on the left side 
of the bus, that is, the side behind the driver. She will tell 
your Honor that she took the sixth seat back behind the 
driver. The seats are double on each side of the aisle and 
she sat in the seat next to the window. No one was sitting 
beside her. No one was sitting behind her. Nothing hap­
pened and the trip was uneventful until they got up to

Transcript of Evidence



Transcript of Evidence

Wickliffe, Kentucky. They stopped at the bus station there. 
I don’t know whether it is a building used entirely as a 
station, or whether it is a store or something of the sort, 
but in any event it is used as a station. They stopped there 
and a white passenger, who also the plaintiff does not know, 
boarded the bus and took a seat one seat back of her and 
across the aisle from her. The driver was about to pull out 
—to take the bus on to Paducah. Instead of doing so, how­
ever, he came back to where the plaintiff was and he there 
had a conversation with her about where she was sitting 
and where he thought she should sit. She will tell your 
Honor about this conversation. I will not undertake to 
repeat the details to you now because I might get them con­
fused or state them incorrectly, but she will tell your Honor 
what he said to her and what she said to him and just what 
happened. The up-shot of the thing was that he demanded 
that she move to the rear of the bus and she, as she will 
tell your Honor, stated that she would do so and she was 
willing to do so if the driver would give her his name and 
the bus number and he refused to do that, as I understand 
the facts, and she then refused to move. The driver then 
went off for the purpose of getting a peace officer, as he 
stated at the time. He came back with a man purporting 
to be a peace officer and we are informed was one, but we 
know nothing about that of our own knowledge—whether 
or not this man was an officer. At any rate, this purported 
officer had no warrant for the plaintiff and did not arrest 
her at that time. He simply assisted the driver, and I think 
the pleadings admit, in ejecting the plaintiff from the bus. 
There was some conversation about whether or not she 
would be entitled to a refund for her fare or a transfer or 
have her ticket given back, whatever it might be, but what



54

finally happened was that the driver, with the assistance of 
this peace officer, or purported peace officer, bodily picked 
this plaintiff up and carried or dragged her off the bus and 
in doing so handled her with what we believe some degree 
of violence, causing her bruises on her person and tearing 
her clothing, I understand, and doing* some damage to some 
luggage and personal accessories that she had with her. 
They deposited her in the street and threw or sent her lug­
gage off after her. She made some effort to get back on 
the bus to get her luggage—that part that had not been 
immediately placed down on the street— and she was not 
permitted to re-board the bus. The remainder of her lug­
gage was set down in the street and she was not permitted 
to get back on the bus and the bus went on off to Paducah. 
All of this of course happened in the presence of the people 
on the bus, and people in the bus station. It was very hu­
miliating and embarrassing to the plaintiff. She waited 
around the bus station for some time—I don’t recall just 
how long a time, not for any great length of time, however, 
and she then purchased a ticket to Paducah by the Grey­
hound line and came on in to Paducah by that line. Now, 
that same day, May 6th, she went to Dr. E. A. Davis of 
Paducah for examination of whatever physical effects there 
might have been from this handling she had on the bus, and 
Dr. Davis will tell your Honor about the injuries that she 
had. Subsequent to that and after this suit was filed, in 
fact, last fall, this plaintiff gets an illness of some sort in 
St. Louis, which I believe she will describe to your Honor 
as a nervous breakdown. She was treated by two doctors 
there, one of whom is a psychiatrist or neuro-psychiatrist, 
a specialist in that line of medical practice. She was in the 
hospital there under his treatment for a short time—not

Transcript of Evidence



55

more than a week. The depositions of these doctors were 
taken and one of them, I think that was the specialist, will 
be particularly informative and the other one not particu­
larly so. She will tell your Honor that she still is effected 
to some extent by this nervous illness, or whatever you want 
to call it, that came upon her at that time. The doctors, or 
the specialist, particularly, attribute it to this experience 
that she had.

Mr. Waller: On the morning of May 6th of this past 
year, your Honor, the Southern Bus Lines, the defendant, 
found among its passengers at Wickeliffe the plaintiff who 
held a ticket from Cairo to Wickliffe. We know nothing 
about the previous portion of her voyage and think it is im­
material. They arrived at Wickliffe. The passengers were 
unloaded who were destined for that place, leaving some 18 
passengers still aboard going beyond Wickliffe. The plain­
tiff was seated, the driver will tell you, three seats back 
from the front—by that I mean three double seats. Maybe 
we mean the same thing they do when they say six seats 
back. At any rate, acting upon instructions from his em­
ployer, the driver asked her to move to the rear of the bus. 
The defendant operates a large system of motor coach lines 
—in mileage I believe one of the largest in the nation. Much 
of it is South of the Ohio River in the States of Louisiana, 
Mississippi, Alabama, Tennessee and Kentucky. In their 
published tariff, and as we think by law anyway, it is their 
duty and their privilege to place the passengers. It is their 
duty to put the passengers where all of them may ride with 
safety and a maximum of comfort. One of the regulations 
of the company, it may be verbal in this respect, is that 
colored passengers be loaded from the rear forward—be 
seated from the rear forward—they are all loaded from the 
front, but they take the seats at the rear and come forward.

Transcript of Evidence



Dr. G. A. Davis—For Plaintiff—Direct

The white passengers are loaded at the front and back­
ward. That rule is in effect South of the Ohio River and in 
such sections of the territory as the defendant thought was 
conducive to safe travel for all of its passengers. So, at 
Wickliffe, following that rule, the driver of defendant’s bus 
said to the plaintiff he would like for her to move to the 
rear. That brought on a discussion, the details of which I, 
like Mr. Freeland, think the witnesses can tell you about 
better than I could. The substance of it was that she de­
clined to move and the driver insisted that she move. 
Finally, he told her that unless she moved he would have to 
ask an officer of the law to either remove her from the bus 
or put her back in the rear of the bus. He called in the town 
Marshal, Mr. Robinson, and they talked some more and she 
declined to move. The town Marshal took hold of her to get 
her to leave the bus and she wouldn’t, so he called on the 
bus driver to assist him to lift her off. She then said she 
would leave and she did. We think she was not injured, and 
we think that no more force was used than was absolutely 
required to enforce the rules of the defendant company. We 
think she sustained no physical injury at all. That she sus­
tained no mental injury or inconvenience. And we think 
that the law is that the regulations are matters of control 
for the carrier and that the carrier’s regulations were rea­
sonable and enforced with mildness.

Dr. (}. A. Davis was called as a witness for the plaintiff, 
and after having first been duly sworn, was examined and 
testified as follows:

D irect exam in ation  b y  M r. F reelan d .

Q. Please state your name and age. A. Dr. G. A. Davis.
46.



57

Q. Where do you live, Dr. Davis? A. 1135 Clay— 
offices at 821 Tennessee.

Q. That is here in Paducah, Kentucky? A, Paducah.
Q. State whether or not you are a regularly licensed and 

practicing physician in the State of Kentucky. A. I am.
Q. How long have you been so ? A. 17 years.
Q. Did you attend a recognized medical college? A. I 

did.
Q. And what college did you attend ? A. Meharry Medi­

cal College, Nashville, Tennessee.
Q. Did you not graduate from that college with a degree ? 

A. I did.
Q. Dr. Davis, do you know the plaintiff, Mary Elizabeth 

Whiteside? A. I do.
Q. How long have you known her? A. For probably 

ten years.
Q. Did you have occasion to make a physical examina­

tion of her on or about May 6,1946? A. I did.
Q. At whose request was that examination made? A. 

By her-—by the patient, herself.
Q. And for what purpose was the. examination made? 

A. The purpose of the examination— she came because she 
was in pain and bruises and she was seeking medical aid for 
the same.

Q. Now, Doctor, you may refer to any record or memo­
randum you made at the time for the purposes of refresh­
ing your recollection and state to the Court what this ex­
amination disclosed. A. May 6,1946, To whom it may con­
cern—

Q. Are you reading now a memorandum you made at 
that time ? A. At that time.

Q. All right—go ahead. A. To whom it may concern: 
This is to certify that I examined Elizabeth Whiteside,

Dr. G. A. Davis—For Plaintiff—Direct



58

which said examination revealed the following findings. A 
large bluish discoloration on the inner surface of the left 
arm near the wrist. Also, a bluish discoloration on the left, 
just above the knee, inner surface. Small discoloration 
on the left shoulder. Near these discolorations small, seem­
ingly bloody scars existed. In my opinion, this person was 
roughly handled to make these discolorations and lesions— 
and adhesions. Yours truly, Dr. G. A. Davis.”

Mr. W aller: I don’t believe that is competent for 
him to testify by reading a certificate or anything. I 
think he might refresh himself.

Mr. Freeland: That is what I asked him to do. 
Instead, he read it.

By the Court: I will overrule the objection.
Mr. W aller: That is all right.

Q. Now, Dr. Davis, what kind of discolorations were you 
speaking of? A. Bluish discoloration—any time that you 
have pressure of any nature to any member of the body or 
limb you will find that you will have a venous oozing, that is, 
from a venous capilary, you have a discoloration into the 
dependent parts.

Q. Is that or not what Mr. Waller and I would call a 
bruise? A. A bruise.

Q. Based upon your examination which you have testi­
fied about, do you have an opinion as to the cause of these 
discolorations or bruises and abrasions you have testified 
about ?

Mr. W aller: I object to that.
By the Court: Yes, other than I think he might 

state the nature of his examination was such that he 
has an opinion as to the cause which may have pro­
duced that condition.

Dr. G. A. Davis—For Plaintiff—Direct



59

Mr. Freeland: I didn’t mean for him to tell your 
Honor who did it, or anything like that. He knows 
nothing about that, of course. I meant for him to 
give his opinion—

Mr. Waller: He testified about a bruise—that is 
about as far as he can go.

By the Court: He could tell what would cause 
such an injury, couldn’t he ?

Mr. Waller: Yes, if that is what he means by 
what caused it.

By the Court: I can’t tell what he means until 
he answers the question.

Mr. Waller: I am not objecting to the answer. 
I am objecting to the question.

By the Court: I think the question is all right, 
provided counsel has the same ideas as to what he is 
trying to elicit as I have.

Mr. Freeland: I think I do, sir, will you answer 
the question now?

A. Would you mind repeating the question?

By the Court: What caused that condition in 
your opinion? What could have caused it?

A. In my opinion what could have caused a condition of 
that sort, as I say, bluish discoloration which means venous 
extravasation, that is, out into the tissues—to get such a 
lesion as that one would have to be roughly handled in 
some description.

Mr. Waller: I move to exclude that answer.
By the Court: Exclude that answer.

Q. Doctor, you don’t know, of course, whether the plain­
tiff was roughly handled or not. Can you express yourself

Dr. G. A. Davis—For Plaintiff—Direct



6 0

in terms—in such terms as to convey to the Court whether 
or not it would be necessary for any degree of force or pres­
sure or anything of that kind to be applied? A. Had to be 
a degree of force or pressure to apply to make such a lesion,

Mr. W aller: Well, you excluded that other, clidn’t 
you?

Mr. Freeland: Yes, he did. You may ask him,
sir.

Mr. Waller: I don’t believe I want to ask him.
Mr. Freeland: Wait—-may I?

Q. Doctor, can you tell from examining a bruise of the 
character you have testified about—is it possible to form an 
opinion professionally as to whether or not such a bruise 
is a recent one or an old one? A. Yes, you can.

Q. Do you have an opinion as to these bruises that you 
have testified about—whether they were recent or old at 
the time you examined her ? A. I do.

Q. State to the Court what that opinion is. A. My opin­
ion they were recent bruises for the simple reason that 
ordinarily in a fresh wound or bruise of that description 
you find that your discoloration is deep, as also I did say in 
the examination that along the edges or near those bruises 
I could see some abrasion, which would also state that they 
were recent. Usually, if you have a lesion of that descrip­
tion, that is, of a bluish discoloration, if it is chronic, that 
is, over a long time, you can see the difference in the color 
if it starts to fading out, but a recent lesion of that descrip­
tion is very dark and bluish as if freshly done.

Q. Was this discoloration of that character? A. It was 
of that character.

Dr. G. A. Davis—For Plaintiff—Direct



61

C ross exam ination  by M r. W aller .

Q. Dr. Davis, you say there were some scratches on it! 
A. I didn’t say scratches— some small abrasions, scars-like, 
which were bloody in nature.

Q. Do you mean that the abrasions had penetrated the 
skin! A. Abrasion in this particular case had not made a 
sore or a wound. It was just probably the epidermis, top 
layer. You might say a bruise or scratch.

Q. I asked you about scratch. A. It is not scratch in 
itself. I mentioned scratch because probably you could see 
the picture plainer by saying a scratch, but it is more of a 
bruise, that is, you skinned the surface.

Q. Well, now, did she have any scratches or not! A. 
She had some bruises.

Q. Did she have any scratches! A. She had some abra­
sions, yes.

Mr. Freeland: I submit to the Court the word 
“ abrasions”  is a word of common usage and the wit­
ness has a perfect right to use it to describe these 
lesions, if that is the word that most accurately de­
scribes it.

Mr. W aller: There was a lot of scratches before 
there was any abrasions.

By the Court: I overrule your objection. You 
can ask him.

Q. Just answer this—were there any scratches on her! 
A. I wouldn’t call them scratches—I would say abrasions. 

Q. Then there were no scratches? A. I didn’t see any. 
Q. These abrasions—were they long or short ? A. They 

weren’t long at all. They were, well just small abrasions. 
They weren’t as if you would take any type of an instru­

Dr. G. A. Davis—For Plaintiff—Cross



62

ment or a pin—it wasn’t a scratch like that, it was just 
merely a break in the skin. That is what we mean by an 
abrasion, a merely break in the skin, it wasn’t a scratch at 
all.

Q. Now, the skin was broken? A. It was broken.
Q. Where? A. On the left wrist— above the left wrist 

where the bluish discoloration, I found some small abra­
sion, and in those abrasions, did find that the blood had 
extravasated into those small abrasions.

Q. Above the wrist—you mean toward the elbow? Was 
it on the outside or the inside? A. Inner—inner surface 
of the wrist.

Q. You say there was some skin removed? A. No, it 
wasn’t necessarily removed—but it was just broken. To 
remove it you would have to pull it off entirely and leave 
a wound. It was just merely broken.

Q. You mean the skin was broken. How many of those 
were there? A. I don’t recall— several. I don’t know the 
exact number, I didn’t count them.

Q. Well, from your recollection. A. Several of them.
Q. Seven? A. Several—several.
Q. What does several mean to you? A. Several means 

two or three.
Q. And they were on the left wrist? A. Left wrist.
Q. You said something about an injury to her knee. 

What was the nature of that? A. Bluish discoloration.
Q. Any abrasion there? A. I don’t recall whether there 

were or not.
Q. Your certificate didn’t recite any, did it? A. You 

want me to refer to that?
Q. Yes, you may. A. Also, a bluish discoloration on the 

left leg just above the knee—inner surface—small discolora­

Dr. G. A. Davis—For Plaintiff—Cross



63

tion on the left shoulder. Near these discolorations small, 
seemingly bloody scars exist. I didn’t say just where these 
scars were at each discoloration.

Q. What do you mean when you say ‘ ‘ bloody scar ”  ? A. 
I mean this—that sometimes in these particular places we 
did have some blood, some extravasation of blood into these 
particular lesions—just like with the bluish discoloration 
above the wrist and above the shoulder and above the 
inner surface of the knee. Merely have there where you 
have the blood, venous due to pressure out into the tissue. 
Where you have abrasion, the abrasion was deep enough 
for this blood to extravasate into that particular scar.

Q. Did any of these places bleed externally? A. Not to 
my knowledge—not externally, no.

Q. Then, like Mr. Freeland or I would say, she had some 
bruises? A. Bruises, yes.

Q. That is all. You say she had some small bruises, 
what do you mean by small bruises—big as a dime, a dollar, 
or what do you consider small bruises? A. Well, a small 
bruise that would be something that you didn’t consider it 
in the category of a large bruise. You would say a small 
bruise—when I say bruise now, don’t misinform me about 
this. There is a bruise as well as a bluish discoloration. 
Now, when I said bruise I meant that the—had a bruise as 
well as the scars. They were fairly small probably just 
about the size of a pinhead, probably a little larger. I don’t 
want to recall just the exact diameter of it—I didn’t mea­
sure it. But on the surface of each one of these bluish dis­
colorations, did have the skin broken. That was altogether 
separate from the discoloration—the broken surface of that 
skin.

Q. You say that each of these three bruises was in your 
opinion according to your recollection about the size of a

Dr. G. A. Davis—For Plaintiff—Cross



64

pinhead? A. The abrasions—not the bruises. I didn’t say 
the bruises. I said the abrasions.

Q. Do you mean there was a scuffed up place in the skin 
on each one of them on the exterior of the skin that didn’t 
bleed, but was about the size of a pinhead. How big were 
the bruises, the discolorations? A. They were different 
sizes. I can’t recall, but some of the bruises—discolora­
tions, rather—you might say some were about the size of a 
dollar, and probably if I recall I think on the shoulder was 
just a little larger—I don’t know exactly. The discolora­
tions were probably some the size of a dollar, maybe one a 
little larger.

Q. What was the size of the discoloration on her wrist? 
A. I don’t recall just the exact size, but if I can remember 
correctly, probably—you know this discoloration just means 
that venous blood due to pressure gets out into the tissues. 
So, the only thing that I can remember, so far as the size 
is concerned, I can’t be definite on that—just the exact 
diameter.

Q. I don’t want you to be exact. Was it as big as a 
batter cake? A. Oh, no, not that large. It would be, as I 
said before, possibility about the size of a dollar, some­
thing of that sort. I don’t mean to say now that the wound 
was round, it wasn’t shaped like a dollar, but probably 
would take in the same area as that size.

Q. Now, in the middle of that was a piece of scuffed-up 
skin the size of a pinhead? A. In the middle of it—I 
wouldn’t say that—near that area, yes.

Q. You mean inside the discoloration or outside? A. 
Probably inside—mixed in. Some would be in and some 
would be mixed up.

Q. This discoloration was blue. How long after a bruise 
is received by a person in muscular tissues before it shows

Dr. G. A. Davis—For Plaintiff—Cross



65

discoloration? A. Sometimes it can be a very short time 
after you assert enough pressure on an individual that you 
can get this bluish discoloration—that is what I mean—you 
can put enough force of pressure on that dependent part 
and in a very short time you would get the bluish discolora­
tion. It doesn’t have to take a long time in some instances. 
Sometimes it may take several hours before you get it.

Q. Now, on the left knee was the bruise located on the 
upper side of the knee or the inside or the outside or the 
lower side? A. Inside above the knee. Inner surface of 
the knee.

Q. How big was that? A. It was a pretty good size. I 
think that one on the knee was somewhat larger, if I can 
recall, than that on the wrist, but just the exact size I don’t 
recall.

Q. Big as two dollars? A. Oh, I wouldn’t say that. I 
couldn’t make any definite answer just the size.

Q. Now, on the left shoulder, what size was it? A. 
Small lesion,

Q. Small lesion? A. Small, I mean, discoloration.
Q. About how large was it? A. Oh, practically almost 

the same as the other discoloration. They were all prac­
tically the same size—not exact. Some may have probably 
been a little smaller than others. Just the exact size I don’t 
recall, just the exact size of the lesions.

Q. Doctor, you are a member of the colored race, aren’t 
you? A. I am.

Q. And you are a graduate of Meharry College which is 
an institution in Nashville devoted to the training of colored 
people? A. Yes.

Q. And you have practiced here, to say, for 17 years. 
You had known the plaintiff for ten years, you say. Had

Dr. G. A. Davis—For Plaintiff—Cross



6 6

you known her professionally or socially! A. Profes­
sionally.

Q. What had been the treatments you had given her for 
ailments previously! A. Previously. I  knew the family 
and have been in and out of their home, but now just so far 
as the plaintiff is concerned, I don’t think I have ever 
treated her in my life.

Q. She had never been to you professionally! A. Pro­
fessionally.

R ed ir ec t  exam in ation  by M r. F reela n d .

Q. Doctor, on this occasion say whether or not the plain­
tiff complained of any pain! A. She complained of some 
pain in the shoulder.

Mr. Waller: I don’t believe that is competent 
because he hasn’t testified as to any physical finding 
that would be painful.

By the Court: A  bruise is painful.
Mr. Waller: Sometimes it is and sometimes it 

is not.
By the Court: He hasn’t said whether this one 

was or not. He might say whether she complained 
of pain. Overrule the objection.

Q. Doctor, did you have occasion to examine her after 
this concerning the same thing! A. No, I  didn’t.

R ecr o s s  exam in ation  b y  M r. W a ller .

Q. Doctor, what treatments did you prescribe for the 
conditions you found—the bruises! A. In those particular 
cases, we tried to use some bland ointment of some descrip­
tion.

Dr. 0. A. Davis—For Plaintiff— Redirect—Recross



67

Q. I ’m not talking about what yon ordinarily use. What 
did you do for her? A. I said that is what w e  did. I don’t 
recall now the exact medication, but we used some bland 
ointment and tried to alleviate as much as we could because 
she did complain of some stiffness and pain in the shoulder 
and tried to do something to alleviate that as well as some 
mild ointment, I don’t recall now, to try to clear up that dis­
coloration or that bruise.

Mary Elizabeth Whiteside— Plaintiff—Direct

Mary Elizabeth W hiteside, was called as a witness for 
the plaintiff, and after having first been duly sworn, was 
examined and testified as follows:

D ire c t  exam in ation  b y  M r. F reelan d .

Q. What is your name? A. Mary Elizabeth Whiteside. 
Q. Are you the plaintiff in this action? A. Iam .
Q. Now, the name, I believe, is sometimes Whiteside and 

sometimes Whitesides—it is used both ways? A. Correct.
Q. There are quite a number of Whiteside or Whitesides 

families in this vicinity, aren’t there? A. That is right.
Q. How old are you, Miss Whiteside? A. 24.
Q. Where is your home? A. Paducah, Kentucky.
Q. How long have you lived here? A. I was born and 

raised here. I have been away several times.
Q. You have lived here all your life, then, except some­

times you have been away? A. That is correct.
Q. What was the purpose of your being away? A. I 

went away to find me a job.
Q. You have worked away from home since you have 

been grown, is that correct? A. I  have.
Q. Where are you working now? A. Chicago.
Q. What is the nature of your work? A. Mixologist.



Q. Now, for the benefit of Mr. Waller, who I believe is 
a prohibitionist, will you tell the Court what a mixologist 
is? A. A  bar maid.

Mr. Waller: A  mixologist?

A. A  mixologist, that is what they call me.
Q. How long have you been employed in that line of 

work? A. 7 weeks.
Q. What place do you work in Chicago ? A. The Zombie 

Lounge.
Q. Where were you working in May of 1946? A. St. 

Louis, Missouri.
Q. How long had you been employed there at that time? 

Approximately—don’t have to be exact. A. About five 
weeks.

Q. What was the nature of your work at that time? A. 
Clerk.

Q. In what sort of enterprise? A. Confectionary.
Q. Now, Miss Whiteside, in order that the record may 

show it, and otherwise it would not, you are a colored per­
son, aren’t you? A. That is right.

Q. And you are of a light complexion, apparently having 
a large or even predominant mixture of white blood, is that 
correct?

Mr. W aller: I  object to that.
Mr. Freeland: Well, the Court can see for him­

self.
Mr. Waller: Well, then, let the Court see for 

himself.
Mr. Freeland: Well, the record will not show. 

The Court can see for himself and I think the record 
ought to show as it has some bearing on this case.

Mary Elisabeth Whiteside— Plaintiff—Direct



69

Mr. Waller: She couldn’t possibly know how
much white blood she has.

Mr. Freeland: She certainly knows whether it is 
predominant or not.

By the Court: I don’t think she knows the amount 
or mixture of white blood. She may state that she 
is light in color and that will indicate whatever it may. 
I don’t believe she could have any means of knowing 
the amount of white blood.

Mr. Freeland: Well, no more than a witness
knows what its age is. All I know or all your Honor 
knows with respect to age is what has been told us, 
yet the witness is competent to testify about age.

By the Court: I don’t know that the amount of 
white blood would necessarily be indicated by color. 
That is what I base my ruling on. I do not prevent 
her from saying she is a person of light color. I can 
see that, but as you say the record would not other­
wise show it.

Q. I will ask you to say whether or not you are of a light 
color or complexion? A. I am.

Q. Now, Miss Whiteside, on or about May 5th or 6th, 
1946, did you or not have occasion to make a journey by 
motor bus? A. I did.

Q. And from where and to where did you travel on that 
occassion? A. From St. Louis, Missouri, to Cairo, Illinois. 
I changed busses at Cairo and I travelled from Cairo to 
Wiekliffe, Kentucky.

Q. And for what point were you bound? What was your 
final destination? A. My final destination was Paducah, 
Kentucky.

Mary Elisabeth Whiteside— Plaintiff—Direct



70

Q. Via what bus line did you travel? A. From St. 
Louis, Missouri, to Wickliffe, Kentucky, I traveled by Trail­
way. From Wickliffe, Kentucky, I finished my journey to 
Paducah, Kentucky, by Greyhound.

Q. By the Trailway Bus Line— do you know whether or 
not that is the bus line operated by the defendant, Southern 
Bus Lines? A. As far as I know, it is.

Q. I will ask you whether or not you bought a ticket for 
this journey at St. Louis before you departed? A. I did.

Q. Do you have any portion of that ticket, such as stub, 
at the present time? A. I do.

Q. You have handed me a ticket stub which I will ask 
the reporter to mark as Plaintiff’s Exhibit No. 1.

By the Court: Let it be marked.
Mr. Waller: Your Honor, this isn’t a ticket.
Mr. Freeland: I didn’t say it was a ticket. I 

asked the witness if it was a stub.
Mr. Waller: I don’t know what it is, but it is 

marked “ Identification Check, Not Good for Passage, 
Form S. T.-2” .

By the Court: Let her say what it is. He was 
only asking that it be marked for identification for 
the purpose of interrogating the witness. When he 
offers it, then you can make objection.

Q. Will you tell the Court where and from whom and 
under what circumstances you received this paper which 
has been marked Plaintiff’s Exhibit No. 1. A. This was 
part of the ticket that was bought in St. Louis, Missouri, 
May 5th, and that is stub I was to keep after giving my 
ticket to the bus driver.

Q. And you bought that where ? A. St. Louis, Missouri.

Mary Elisabeth Whiteside— Plaintiff—Direct



71

Q. And you have stated that your ticket was attached 
to that? A. That is right.

Q. And what became of the ticket! A. I  have the ticket 
I gave the bus driver when I boarded the bus at Cairo, Illi­
nois. I can’t say definitely it is the same ticket I gave the 
bus driver, but it is the same ticket that was given back to 
me when I was put off the bus at Wickliffe, Kentucky, and 
ok’d by the bus driver.

Q. Well, at any rate, the ticket that was attached to this 
stub that you have, what became of it—was it or not taken 
up by the driver! A. One ticket -was taken up by the driver 
when I boarded the bus at St. Louis, Missouri. When I had 
to transfer to Paducah, Kentucky, at Cairo, I have that one, 
when I boarded the bus at Cairo, Illinois.

Q. Miss Whiteside, when you got on the bus at Cairo, 
what became of the ticket which was attached to this stub 
at that time ? A. The bus driver took it.

Q. Did he or not leave you this part? A. That is right.
Q. You identified this Exhibit No. 1 as the stub which he 

left you? A. That is right.
Q. Now, it is stamped on the back “ Trailways Depot, 

May 5, 1946, St. Louis, Missouri.”  Will you say, if you 
know, when that was stamped on there? A. I can say it 
was stamped on there when I purchased the ticket.

Q. It was on there when you got it? A. He stamped it 
on there before I paid my money.

Q. Who did that? A. The ticket agent at St. Louis.

Mr. Freeland: Now, if your Honor please, I offer 
this in evidence.

By the Court: Any objection?
Mr. Waller: Yes.
By the Court: On what ground?

Mary Elizabeth White-side-—Plaintiff—Direct



72

Mr. Waller: On the ground I don’t think this is 
any proof at all that she had transportation. I 
haven’t read it carefully, but as I understand it, it 
is identification check.

By the Court: You admit in the pleading she had 
transportation.

Mr. Waller: I know she did, but I haven’t ad­
mitted this was it.

By the Court: Well, you don’t have to admit it. 
You admitted that she purchased transportation.

Mr. Waller: She did purchase transportation
from Cairo, 111., to Paducah, Kentucky, but not from 
St. Louis.

By the Court: You admit what?
Mr. Waller: We admit she purchased a ticket 

over our line at Cairo, Illinois.
By the Court: She says that she purchased the 

ticket in St. Louis and this identification slip was a 
part of and attached to the ticket, the ticket having 
been attached when she boarded the bus at St. Louis 
and retained by the driver of the bus, is that correct ?

Mr. Freeland: Almost; she was given, as I under­
stand, two sections or two tickets. This one relates 
to her journey from Cairo, Illinois, to Paducah. She 
purchased this at St. Louis, but she did not give up 
the ticket until Cairo.

By the Court: This is what you retained when 
you got on the bus at Cairo—not at St. Louis.

A. That is right.

By the Court: Let it be filed Exhibit No. 1.

(Document referred to was filed Exhibit No.

Mary Elisabeth Whiteside— Plaintiff—Direct

1.)



Q. After you had bought your ticket, did you or not then 
board the bus? A. St. Louis!

Q. Yes. A. After I purchased my ticket, it was an hour 
before bus time and I did board the bus about ten minutes 
before time for it to leave St. Louis.

Q. Do you recall what time that was that you left St. 
Louis? A. I left St. Louis on central standard time. I f I 
am not mistaken it was around midnight— 11:55—I am not 
sure.

Q. At what time did you reach Cairo? A. I reached 
Cairo at 4 :20 on the morning of May 6th.

Q. What did you do when you reached Cairo ? A. When 
I reached Cairo I waited in the station until time for the 
next bus to come in.

Q. You had been informed when you bought your ticket, 
or had you discovered by consulting the bus schedule or the 
driver, or otherwise, that it would be necessary for you to 
change busses at Cairo in order to go to Paducah? A. I 
didn’t notice until after I purchased the ticket that I would 
have to change in Cairo.

Q. But you did discover then that you would have to 
change in Cairo, is that correct? A. Yes.

Q. So you waited there in the station at Cairo until time 
for the Paducah bus to leave? A. I did.

Q. Do you recall what time you boarded the bus for 
Paducah at Cairo? A. It was around 7:30—7:20 or 7:30, 
I  am not sure— on the morning of May 6th.

Q. Now, on boarding the bus, what did you do with ref­
erence to your ticket? A. When I got ready to board the 
bus, I had some luggage and some boxes. I had the boxes 
ready to ship by railway express, and they didn’t pick the 
boxes up.

Mary Elisabeth Whiteside—Plaintiff—Direct



74

Q. I asked you about your ticket. A. Oh, I ’m sorry. 
When I boarded the bus, I handed my ticket to the bus 
driver.

Q. I see. Retaining the stub you have testified about? 
A. That is right.

Q. Do you recall in what order you boarded the bus, 
whether you were first or last, or just about where? A. I 
do remember.

Q. Tell the Court now what you remember about that. 
A. I remember I was going to wait for my luggage. I 
couldn’t get it all on the bus and I had my overnight bag 
and hat box on the bus with me, and I was going to stay 
and be the last one on the bus in order to help put my lug­
gage on the back of the bus, and the bus driver told me it 
would be all right for me to go on the bus and he would put 
them on the back of the bus for me in the compartment, lug­
gage compartment. I was about the last one on the bus be­
cause I was waiting in order to tell him about my luggage.

Q. You were about the last one on? A. I was.
Q. Do you remember now whether any one got on after 

you or not? A. I really don’t remember.
Q. When you got on the bus, what did you do, Miss 

Whiteside? A. I took a seat.
Q. Do you remember which seat it was? A. I do.
Q. Which one did you take? A. Including my seat, it 

was the sixth seat back from the bus driver on the left-hand 
side.

Q. Let’s be explicit about that. You took a seat on the 
left side of the bus behind the driver. You say you sat the 
sixth seat. Was that counting the driver’s seat or not— 
did you count his seat as one or not? A. No, I counted the 
first seat in front of the driver—I mean in back of the 
driver.

Mary Elisabeth Whiteside-—Plaintiff—Direct



Q. The first seat behind the driver was number 1? A. 
That is right.

Q. Are those or not double seats on each side of the 
aisle? A. As I can remember, they are double seats.

Q. In other words, there is a seat for two passengers side 
by side on each side of the aisle and they run back one after 
the other? A. That is right.

Q. Now, in counting six seats back, were you counting 
those double seats as two seats or one seat? A. As one 
seat.

Q. And you definitely state you took your seat the sixth 
seat behind the driver, and counting the double seats as one? 
A. That is right.

Q. Did you sit next to the aisle or next to the window? 
A. Next to the window.

Q. Was there or not a seat between you and the aisle? 
A. There was a seat.

Q. Did anyone sit in that? A. No, they didn’t.
Q. Did anyone sit in that anytime while you were on the 

bus? A. No, they didn’t.
Q. Did you ever sit in any other seat than that one while 

you were on that bus? A. No, I didn’t.
Q. You remained in that seat, then, during the whole 

time you were on the bus? A. That is correct.
Q. Now, Miss Whiteside, you state the bus left about 

7 :20 or 7 :30, what was the first point at which it stopped 
after it left Cairo with you as a passenger? A. Wickliffe, 
Kentucky.

Q. Do you know how far it is from Cairo to Wickliffe? 
A. I don’t know exactly.

Q. Do you know how long it took from Cairo? A. It 
didn’t take over a half an hour.

Mary Elisabeth Whiteside— Plaintiff—Direct



76

Q. You crossed a bridge, I believe, over the Ohio River? 
A. That is right.

Q. State whether or not that bridge is nearer to Cairo 
or Wickliffe? A. I think it is about the same distance you 
have to travel—you mean the city limits?

Q. No, I don’t think you understand me. On the road 
from Cairo to Wickliffe, is the bridge nearer to Cairo or 
nearer to Wickliffe? A. I think it is nearer to Wickliffe.

Mr. Waller: Why don’t you just stipulate that?
By the Court: The bridge is just outside the city 

limits of Cairo, and the distance from Cairo to Wick­
liffe is about 10 miles, isn’t it?

Mr. Waller: About 7.

Q. Now, Miss Whiteside, when the bus with you as a 
passenger arrived at Wickliffe, what happened? A. When 
the bus arrived at Wickliffe, Kentucky, I was reading, I  had 
a magazine—I was reading a magazine.

Q. Mill you say whether or not the bus stopped at Wick­
liffe? A. The bus did stop at Wickliffe in front of a hotel, 
which had in front of the hotel “ Greyhound Bus Lines” .

Q. Now, you were not riding on the Greyhound bus? 
A. I was not—I mean at this hotel it had—in front of which 
the Trailway bus stopped.

Q. You were riding on the Trailway bus? A. That is 
right.

Q. The bus stopped— did anyone get on? A. One man.
Q. Was he white or colored? A. He was a white man.
Q. Where did he take a seat? A. He took a seat on the 

back of me on the opposite aisle.
Q. Do you recall how many seats back of you he was? 

A. He was one seat back and across the aisle.
Q. Did you know him? A. I did not.

Mary Elisabeth Whiteside—Plaintiff—Direct



77

Q. What other passengers were there on the bus—how 
many do you recall? A. To my estimation there were only 
12 or 15 as far as I can recall.

Q. Were they white or colored or both? A. They were 
all white.

Q. Did you know any of them? A. I did not.
Q. Do you know now who any of them were? A. I do 

not.
Q. Now, Miss Whiteside, after this passenger got on the 

bus, did the bus then leave or not? A. The bus driver was 
ready to pull out and he stopped. He came back to my seat.

Q. What did he do then? A. I was reading and he came 
back to my seat and I looked up at him. He said you will 
have to move, and I asked him why. He said because I said 
so. I  said why would I have to move because you said so. 
Then he asked me—what are you? I asked Mm what did he 
think I was. His answer was that he didn’t have to think 
because he knew.

Q. He said he didn’t have to think, he knew. A. That 
is right.

Q. What happened then? A. Then I asked him if he 
knew why should he ask me what I am.

Q. Did he make any response to that? A. He said any­
way you will still have to move to the back.

Q. And what happened then? A. So I asked him why 
would I have to move to the back and he gave me the same 
answer-—because he said so. And I told him I hadn’t done 
anything wrong and why should I have to move. He tells 
me I would still have to move. I asked him for his name 
and his number. His name was not over where the number 
was. He refused to do so, and I told him I wouldn’t move. 
I told him I would move if he would give me his name and 
his number.

Mary Elisabeth Whiteside— Plaintiff—Direct



Mary Elizabeth Whiteside— Plaintiff—Direct

Q. Did he then do that or not? A. He refused to do so 
and said then that he would get the Deputy Sheriff to put 
me off—to make me move—correction, I am sorry. He 
started off the bus, he got to the door, turned and came back 
to me and asked me whether or not I was going to move, 
and I told him no. He goes off and brings the man on. I 
did not see his star. He represented himself to me as being 
a Deputy Sheriff.

Q. Did he tell you he was Deputy Sheriff or a police 
officer? A. He said he was a Deputy Sheriff. When he 
came on he asked me what was the trouble.

Q. You are not reading from something, are you? A. 
No.

Q. You were looking down. A. He asked me what was 
the trouble. I  told him there wasn’t any trouble, but the 
bus driver wanted me to move to the rear of the bus. I 
hadn’t done anything wrong. I told him I told the bus 
driver I would move provided he gave me his name and his 
number. The Deputy Sheriff tells me I would have to move, 
and by this time the bus driver says I don’t want her to 
move. In fact, I don’t even want her on the bus. I want 
her off. I said I am not going to get off the bus and the bus 
driver said yes you are. The Deputy Sheriff told the driver 
you will have to give her a ticket back. The bus driver said 
I will not give her ticket back. I will give her a transfer. 
I said I will not take a transfer or a ticket. You give me 
my money back.

Q. Well, did he do that? A. He did not. The Deputy 
Sheriff told him again— repeated the same that he would 
have to give me my ticket back, whereas the driver said he 
would give me a transfer, not a ticket. And when the bus 
driver told the Deputy Sheriff again that he didn’t want 
me on the bus, at this time the bus driver had walked up to



79

his seat, the Deputy Sheriff grabbed my right arm. When 
the Deputy Sheriff grabbed my right arm, I tried to take 
it away from him, and when I did so he called the bus driver. 
When he called the bus driver, the bus driver grabbed my 
left arm, my wrist, rather, he twisted my wrist with both 
hands. After he twisted the wrist with both hands, he 
twisted it as far as he could get it, and he held it with, one 
hand, and in doing so and holding it with one hand he took 
his other hand and jerked my foot from underneath me. 
That is the way they took me off the bus. The bus driver 
held my left foot and wrist, the Deputy Sheriff holding my 
right arm.

Q. How did they get you off the bus then ? A. They took 
me off like that. The bus driver was in front dragging 
me with my left foot and left wrist, and the Deputy Sheriff 
was holding to my right side, and he was in the back of the 
bus driver, and taking me off the bus.

Q. You said that they dragged you. Do you mean while 
they were doing that, any part of your person was in con­
tact with the floor of the bus? A. That is right.

Q. It was? A. That is right.
Q. And you say that is the way they got you off the bus? 

A. That is right.
Q. Now, did you resist them? A. I tried to.
Q. How? A. I tried to pull back from them.
Q. And what else? A. When the bus driver grabbed my 

wrist and twisted it, I tried to bite him. I couldn’t get to 
him.

Q. You tried to bite him, but you were unsuccessful? 
A. That is right—-he jerked my foot from under me.

Q. Now, you have testified about the officer, or pur­
ported officer, whom the driver brought back with him as be­
ing a Deputy Sheriff, now do you of your own knowledge

Mary Elisabeth Whiteside:— Plaintiff—Direct



80

know w’hether or not lie was a Deputy Sheriff? A. I do 
not know.

Q. Your recollection is he told you he was Deputy 
Sheriff? A. That is right.

Q. Did he have a warrant for you? A. I didn’t see one.
Q. Did he offer to read one to you ? A. He did not.
Q. Did he arrest you ? A. When they got me off the bus, 

I tried to re-enter the bus to get my luggage. I  had an over­
night bag and a hat box on the inside of the bus. My brace­
let had been twisted off my wrist by the bus driver—it was 
lying on the floor. I tried to re-enter the bus to get my 
bracelet and my luggage, whereas the Deputy Sheriff 
stopped me and wouldn’t let me enter, and while he block­
aded the doorway to keep me from re-entering, the bus 
driver was getting my luggage. He threw them off the 
bus at my feet and took my large bag and the two boxes 
that was in the luggage compartment and left them in the 
middle of the street in the front of this place.

Q. Did this officer at any time undertake to arrest you 
for any violation of the law? A. When they took me off the 
bus, I told the Deputy Sheriff, I asked the Deputy Sheriff 
why did they do me like that. I told him he knew it was 
wrong, and he told me if I  opened my mouth one more time 
that he would lock me up.

Q. Did he lock you up? A. I didn’t open my mouth any 
more.

Q. So he didn’t lock you up and you were not taken be­
fore any court down there? A. No.

Q. Miss Whiteside, while you were seated on the bus 
and before you were thus ejected, did you notice where the 
other passengers were seated—the white passengers? A. 
All the seats weren’t taken. In the front of me and on 
each side of the aisle.

Mary Elisabeth Whiteside—Plaintiff—Direct



Mary Elisabeth Whiteside-— Plaintiff—Direct

Q. All the seats were not taken? A. The double seats 
were not all taken, but the single seats were. What I mean 
by that—it was a person in each seat and in some there was 
two.

Q. But there were not two persons in each seat? A. In 
each seat—no.

Q. Do you recall whether or not any of these people were 
sitting behind you until this passenger at Wickliffe came 
on? A. No.

Q. You mean you don’t recall or there weren’t any? A. 
There wasn’t anyone in the back of me.

Q. Now, Miss Whiteside, who was present when this in­
cident occurred. What people were there? A. I wouldn’t 
remember any of them.

Q. I don’t mean any o f the names. Who was around 
there that saw it? A. There was two women at this place 
in front of where the bus stopped.

Q. And the people on the bus—the other passengers— 
were they there? A. The people on the bus witnessed it, 
yes.

Q. Do you know whether or not any of them turned 
around to look? A. They did.

Q. How did this incident make you feel with reference 
to whether or not it humiliated you or embarrassed you? 
A. It was a great embarrassment because of the way I was 
put off the bus. I  had on a slack suit, it was torn.

Q. Don’t tell about any damage to clothing—tell about 
your feelings. A. I ’m sorry. I was very humiliated be­
cause of the way the people were all looking at me. I was 
defendless. When I got off the bus, I tried to get a phone 
call through—

Q. Don’t tell about that. A. Well, I was hurt very 
badly. My feelings were hurt and I was greatly embar­
rassed.



82

Q. Do you recall now whether or not you were crying 
any? A. I did cry.

Q. Did you cry while this was happening or afterwards ? 
A. I cried after they got me off the bus.

Q. Do you remember now how long you continued to 
cry? A. I was crying when I entered the other bus on my 
journey home. I cried quite sometime after I got on the 
bus.

Q. How long after you were ejected from the Trailway 
bus, the bus of the defendant, before you could obtain trans­
portation on a Greyhound? A. If I am not mistaken, I 
think I caught the Greyhound bus about a half an hour or 
forty minutes later.

Q. And you went on to Paducah by Greyhound bus ? A. 
That is correct.

Q. Now, Miss Whiteside, you have testified something 
about your clothing, tell us about that? A. I had a light 
coat—light green. I had just gotten it out of the cleaners 
and where they drug me off the bus the coat was very dirty 
and showed where it had been drug.

(At request of Mr. Waller, above answer was read 
by reporter.)

Q. Now, go on and tell us about anything that happened 
to your clothing or anything besides your coat? A. I had 
a brown leather purse—the handle was torn completely off. 
One ring that held the strap on to the bag was lost on the 
bus. The other one I found. It was hanging on the handle. 
The bus driver twisted the bracelet off of my arm and 
knocked one of the stones out.

Q. Did you ever find that? A, I did not.
Q. What sort of stone was that? A. It was imitation of 

a ruby.

Mary Elisabeth Whiteside— Plaintiff—Direct



83

Q. Anything else— any other damage to your clothing or 
personal accessories? A. When my arm was twisted, I 
split the seams of my slack suit up the arm.

Q. Anything else! A. That is all.
Q. Have you had any of these things repaired? A. No 

more than just having the coat cleaned and the sleeves fixed 
on the slack suit.

Q. Do you know how much it cost you to do that! A. 
I haven’t tried to have the bag and the bracelet fixed. I 
wouldn’t know.

Q. How much did it cost you to have your coat cleaned? 
And the seams sewed? A. Well, I don’t recall.

Q. That is all right. Now, you have stated that you 
waited there at the bus station for some thirty or forty 
minutes until you could obtain passage on the Greyhound. 
A. That is correct.

Q. During that time where did you wait? A. I waited 
—they had a colored waiting room there. I waited inside.

Q. Did anybody talk to you while you were there? A. 
One of the women that was in the station was very nice. 
She talked to me.

Q. You don’t know who she was? A. No.
Q. Did anybody make any comments after you got off 

the bus? Did anybody make any comments about what 
happened? A. The Deputy Sheriff and this other lady that 
was inside the bus station held a conversation regarding 
what happened on the bus.

Q. Well, don’t tell what they said. Were they discussing 
you? A. They were discussing me.

Q. Anything else that happened while you were there? 
A. After I boarded the Greyhound bus, the Deputy Sheriff 
said if I didn’t sit on the back of the Greyhound bus he 
would lock me up, anyway.

Mary Elizabeth Whiteside— Plaintiff—Direct



84

Q. I see. So did you then sit on the back of the Grey­
hound bus ? A. I sat the second seat from the long seat on 
the back of the Greyhound bus.

(At request of Mr. Waller, reporter read this 
answer back.)

Q. How long did the officer stay around there? A. He 
stayed until the last bus left, this bus that I boarded, he 
stayed until it left.

Q. Did he make any statement why he was staying 
there? A. Yes, he made a statement that he was going to 
stay and see that I sit in the back of this bus.

Q. Do you recall—did you purchase a ticket on the Grey­
hound? A. I did.

Q. Do you recall what that cost you? A. I don’t.
Q. It was just from Wickliffe to Paducah? A. That is 

correct.
Q. Miss Whiteside, you have testified something to the 

effect that the driver when he ejected you or had it done 
said that he would give you your ticket back—I believe you 
testified something to that effect. A. The Deputy Sheriff 
told the driver he would have to give me my ticket back. 
The driver said he would give me a transfer back, but he 
did at the last give me a ticket back. I can’t say it was the 
exact ticket I gave him, but it was a ticket from Cairo to 
Paducah, punched by the bus driver and ok ’d by the bus 
driver, and handed back to me by the bus driver.

Q. Do you have that ticket with you that he gave back 
to you? A. I do have with his ok on it.

Q. Do you know what he meant by that? A. I do not 
know.

Q. He seems to have written something on here. It 
looks like either Mattin or Martin or Matthews— do you

Mary Elisabeth Whiteside— Plaintiff—Direct



know what he wrote on there? A. To my estimation, is 
is “ ok Martin” . I  can’t make out his handwriting.

Q. Do you know whether this is the same ticket you 
handed the driver when you boarded the bus? A. No, I 
couldn’t be certain of that.

Q. You say, though, this is the one that he handed back 
to you. A. That is the one that was handed back to me by 
the driver.

Mr. Freeland: I will ask the Reporter to mark 
this for identification as Plaintiff’s Exhibit No. 2.

Q. Now, Miss Whiteside, the ticket which I have just 
mentioned to you and you have been testifying about was 
handed back to you by the driver, and which has been 
marked for identification by the Reporter as Plaintiff’s 
Exhibit Number 2, I  will now ask if your Honor please to 
introduce that in evidence.

By the Court: Let it be filed, marked Plaintiff’s 
Exhibit No. 2.

(Document referred to was filed and marked.)

Q. Now, Miss Whitesides, I will ask you whether after 
you were thus ejected from the defendant’s bus you felt 
any pain in any part of your person? A. When I really 
felt the pains was the day after.

Q. Did you feel any pain at the time or shortly after­
wards? A. I had a slight pain in my shoulder and in my 
back.

Q. You stated that you really felt the pain the day after. 
Where was that pain ? A. I was sore—my whole body was 
sore. I was very stiff in the knee. The fact of the business 
I couldn’t stand straight on my leg. It was bruised and it 
was very sore and I had quite a few pains in my back.

Mary Elisabeth Whiteside— Plaintiff—Direct



Q. How long did that continue? A. I had the pains 
around three days.

Q. Beginning the day after? A. That is right, and I 
was in the bed those other three days.

Q. I see. Did you go to any doctor for examination and 
treatment? A. I did. You mean on the first day?

Q. Yes. A. On the first day after the trouble hap­
pened I went back to the bus station, from the bus station 
I went to the City Hall and from there I went to the doctor, 
which meant I got to the doctor around five o ’clock, I guess, 
in the afternoon.

Q. I see. Now, what doctor was that? A. Dr. Davis.
Q. Was that the Dr. Davis who testified here? A. That 

is correct.
Q. And the examination about which you are testifying 

is that the examination about which he was testifying? A. 
That is correct.

Q. You heard his testimony about the bruises and abra­
sions he discovered. Tell the Court whether or not you 
did have such bruises and abrasions as he described them. 
A, I did have the bruises as Dr. Davis described.

Q. You might tell his Honor just where these bruises 
were, how large they were, if you recall. A. The bruises 
on my shoulder was the exact print of a hand—you could 
see the fingers on my shoulder right here. My wrist was 
bruised and it showed where my bracelet had been twisted 
off my wrist because the bracelet was on my bare wrist and 
when it was twisted off you could see where it was twisted 
off. I don’t remember how my leg got bruised as it was, 
but it was on the inside of my left leg just above the knee, 
it was bruised, and the place where it was bruised it was 
as if someone had stuck their finger in there and it was as 
if you would touch it the blood would come out. It didn’t

Mary Elisabeth Whiteside— Plaintiff—Direct



87

bleed, but the blood was in spot like that whereas if you 
would touch it the blood would come out—that is the way 
it looked.

Q. Had you had any of these bruises or abrasions be­
fore this happened? A. No, I had not.

Q. How long did you continue to have them? A. The 
bruise on my shoulder and wrist went away first, but the 
bruises on the inner side of my left leg it was about six 
weeks before the color really came back to my leg.

Q. Could you say how long you continued to have pain 
in any degree? A. Well, in my back I had pain for about 
three days, as I stated.

Q. Did you have any degree of pain after three days? 
A. In my shoulder—not stabbing—continuously pain.

Q. How long did that continue? A. Well, I have had 
pains in my shoulder off and on.

Q. The same pain? A. Well, they aren’t steady pains, 
but just pains like run through your shoulder—I can’t de­
scribe it.

Q. Did you ever have any pains of that kind before that? 
A. I never have.

Q. How long since you last had one? A. I don’t recall.
Q. You don’t remember whether it was a week or month 

or— A. I don’t remember.
Q. They are not frequent, then? A. No, just once in a 

while.
Q. How long, Miss Whiteside, did you continue to feel 

humiliated and embarrassed by this experience that you 
testified about? A. It was a great embarrassment every 
time I went out or every time I would think about it. People 
would confront me with the trouble that I had—

Q. Don’t testify about the people. A. Well, anytime 
I would think about it— everytime it would run across my

Mary Elizabeth Whiteside— Plaintiff—Direct



mind—I would picture myself— and I would feel very badly 
about it.

Q. Will you say whether or not you still feel that humil­
iation to any degree? A. No, only when I think about it. 
I  can’t describe how I feel whenever I do think about it, 
but I don’t feel like myself, like I should feel.

Q. Sometime after this happened to you, did you re­
turn to St. Louis? A. I did.

Q. What method of transporation did you use for that? 
A. By train.

Q. When was that? A. September, 1946.
Q. How long did you remain in St. Louis? A. I re­

mained in St. Louis from September, 1946, until last of 
March of this year.

Q. Now, between May, when this happened, and Sep­
tember, when you returned to St, Louis, where were you? 
A. Benton Harbor, Michigan.

Q. What were you doing there? A. Salad girl at a 
summer resort.

Q. You returned to St. Louis the first of September? 
A. That is correct.

Q. After that, did you have an illness of any kind? A. 
I did have.

Q. Will you tell the Court what that consisted of and 
when did that begin? A. The illness occurred in October.

Q. What part of October? A. Around the first of Octo­
ber.

Q. What did it consist of? What way did it manifest 
itself ?

Mr. Waller: We object to that, unless it is con­
nected up.

Mr. Freeland: I propose to do so, your Honor, 
by these depositions I intend to read.

Mary Elisabeth Whiteside— Plaintiff-Direct



89

By the Court: Overruled, subject to it being-
later connected.

Q. State in what way this illness occurred or showed 
itself, what was it? A. Well, the day this happened to me 
on the bus it had something to do with my menstrual period. 
I have been having trouble with that ever since, and that 
is the trouble, that is what brought on the sickness.

Mr. Freeland: Well, let’s not—
Mr. Waller: I object to that—that should be ex­

cluded.
By the Court: I will exclude that.
Mr. Freeland: The Court understood what she 

said.
By the Court: You talking about your period. 

When was it this trouble you referred to first began?

A. The day this trouble happened it started.

By the Court: You mean you began to menstru­
ate ?

A. Two weeks early.

By the Court: That was two weeks before your 
time?

A. That is right.

By the Court: All right. What happened later? 
A. From that time on, I was always off.

By the Court: What do you mean “ o ff” ?
A. I mean I never was on time and I never did feel like 
I should. I went to a doctor in St. Louis when I got back 
and he doctored me for that.

Mary Elizabeth Whiteside— Plaintiff—Direct



90

Q. Now, what doctor was that? A. Dr. L. V. Howell.
Q. All right. Go ahead. A. It was delayed upon me—it

worked on my nerves.

Mr. W aller: I object to that.
By the Court: What do you mean “ worked on 

your nerves” —the menstruation?

A. That is right. I have had trouble with it ever since, it
started the day it happened.

By the Court: Some have trouble with it nearly 
always—all women have trouble with it. Do you 
mean you menstruated too frequently or too infre­
quently or painfully or how? Speak right out.

A. Painfully.

By the Court: And that began when?

A. The same day I had the trouble.

By the Court: You mean the same day you were 
put off the bus?

A. That is right.
Q. Now, what other symptoms?

Mr. W aller: You mean the day you were in this 
bus at Wickliffe you had your menstrual period 
start?

A. Bight after, it did.

Mr. W aller: After you got home?

A, Yes, right here in Paducah.

Mr. W aller: And during that day?

A. That is right.

Mary Elisabeth Whiteside— Plaintiff—Direct



91

Q. What other symptoms of this illness that yon com­
plained of and for which these doctors treated you showed 
themselves? A. At the time I was working my nerves were 
bad. I went to the doctors for my nerves and he gave me 
some nerve medicine.

Q. What was it about your nerves? A. During the time 
before my nerves really got bad, I had severe headaches 
and that other— and the doctor said it was from—

Q. Now, don’t tell what the doctor said. A. I went to 
the doctor and he treated me for that.

Q. Was that Doctor Howell? A. Doctor Howell. A 
week later, after I went to Dr. Howell in October, I took 
sick on Halloween night—what the doctors called a nervous 
breakdown—and they took me to the hospital.

Q. You took sick in what way—-what happened to you? 
A. My nerves just went down on me.

Q. What did you do about that—-what do you mean—can 
you tell what you did or not? A. I knew what I did up 
until the night before they took me to the hospital—I don’t 
know. Is that what you are referring to?

Q. What happened that caused you to be taken to the 
hospital? Why were you taken? A. My nerves had gone 
had on me and that nig*ht it looked like everything I would 
eat would back up in my throat. I would try to eat any­
way, and when I did try to eat, it looked like it stopped 
right there and tried to choke me. They called a doctor 
and the doctor gave me some more medicine, but later on I 
just went into hysterics.

Q. What doctor was that? A. Doctor Howell.
Q. Where is he? A. In St. Louis.
Q. This happened in St. Louis ? A. It did.
Q. After you went to the hospial, what happened? A. 

They took me to the hospital.

Mary Elisabeth Whiteside— Plaintiffs—Direct



92

Q. While at the hospital, who treated you? A. Dr. 
Erwin.

Q. Where is he? A. St. Louis.
Q. What hospital were you in? A. Homer G. Phillips.
0. Do you know whether the city owns that or not! A. 

A. Well—
Q. If you don’t know, that is all right. That is all right. 

Do you know how long you stayed there? A. About a week, 
if I  am not mistaken.

Q. Do you recall what day you went there? A. Thurs­
day or Friday morning—I took sick on Halloween night.

Q. Do you recall what day you were released from the 
hospital. A. It was Monday or Tuesday-—it was one day 
the next week. I wasn’t there over a week.

Q. What did you do then? A. I returned to my aunt’s 
house in St. Louis.

Q. Is that where you were staying? A. I stayed with 
my aunt.

Q. Did these doctors continue to treat you? A. They 
did.

Q. For how long? A. Until I  left St. Louis to go to 
Chicago. I was supposed to go to see Dr. Erwin once be­
fore I left and he was out of town. Therefore, I  didn’t get 
to see him.

Q. What is your condition now with reference to these 
symptoms you have described—do you still have them to 
any degree.

Mr. W aller: We object to that.
By the Court: Overruled. What is your condi­

tion now?

A. Well, I just can’t stand any excitement now or anything, 
to worry me.

Mary Elisabeth Whiteside—-Plaintiff-—Direct



Q. What do you mean—you can’t stand it? A, I f  any­
thing should frighten me or anything like that, I cry now. 
I used to didn’t be like that—just this year I have been like 
that.

Q. You still do that? A. Yes.
Q. Anything else now still exist? A. No.
Q. Tell the Court whether or not you still have any 

trouble with your periods you testified about? A. I do 
have.

(Recess.)

Q. These symptoms you have testified about that you 
have had since this occurrence happened, the irregularities 
in your periods, this tendency to cry when certain things 
happened, and I forget what other things, the hysterics on 
one occasion, these things you have mentioned, did you have 
those in any degree before this incident? A. No, I didn’t.

Mr. Waller: I want to move to exclude all of her 
testimony about her hysteria and other symptoms 
having any connection with the difficulty at Wickliffe 
on May 6, 1946.

By the Court: Overruled for the present.
Mr. Freeland: That was admitted with the under­

standing we would connect it up.

C ro ss  exam in ation  by M r. W a ller .

Q. You are 24 years old? A. I am.
Q. You were 23 then a year ago? A. That is correct.
Q. When you boarded the bus at Cairo on the morning 

of May 6, 1946, can you tell us approximately how many 
passengers there were on the bus? A. As well as I can 
recall, it was between 12 and 15 passengers.

Mary Elisabeth Whiteside—Plaintiff—Cross



94

Q. Did you board it as one of the first ones or how did 
you enter the bus— how many were on it? A. As I can 
recall, I was about the last one entering the bus. I was the 
last one because I had my bags to go into the luggage com­
partment, and I wanted to speak to the driver about my 
luggage going into the compartment, and that is why I 
waited.

Q. Where was the luggage compartment in that particu­
lar bus ? A. It was in the back of the bus—not on the side.

Q. Was it loaded from the outside or the inside? A. It 
was loaded from the outside.

Q. Did he load your luggage in the luggage compart­
ment? A. He did.

Q. And then did you take any luggage on the bus with 
you? A. I did.

Q. What? A. An overnight bag and a hat box.
Q. An ordinary size hat box? A. Ordinary for one hat.
Q. Was there any stop of the bus between the time it 

left Cairo and the time it arrived at Wickliffe? A. Stop at 
some place—no.

Q. Then you left Cairo with 12 or 15 passengers and 
arrived at Wickliffe with the same number? A. As well 
as I can recall, it was 12 or 15.

Q. Now, where were you seated on the bus with refer­
ence to the rear of the bus and with reference to the other 
passengers at the time you left Cairo? A. I was in the 
sixth seat back on the left side of the bus behind the driver.

Q. How many seats were back of you? A. I didn’t count 
them.

Q. Was there that many or more or less? A. I couldn’t 
be sure as to whether it was more or less, because I only 
counted from the front back.

Mary Elisabeth Whiteside— Plaintiff—Cross



Q. What is your best recollection about it? A. I really 
couldn’t say.

Q. Were there any unoccupied back of you ? A. All the 
seats were unoccupied in the back of me until this one pas­
senger got on at Wickliffe, Kentucky. He sat in the back 
of me in the opposite aisle— the next seat back across the 
aisle.

Q. Were there several unoccupied compartments back 
of you? A. The seats in the back of me were empty.

Q. Were there several of them? A. I couldn’t say. I 
couldn’t even give an estimation. I didn’t count them.

Q. When you got to Wickliffe, did any of the passengers 
leave the bus before you got into the difficulty with the 
driver? A. I didn’t see any passengers alight from the 
bus after we reached Wickliffe. Because when we reached 
there I was reading a book.

Q. When you looked around, was there about the same 
number there had been? A. To the best of my estimation, 
there was.

Q. Were any passengers taken on at Wickliffe? A. One 
man boarded the bus at Wickliffe.

Q. Were there any others about to board it? A. No.
Q. You had lived in Paducah all your life? A. I was 

born and raised in Paducah. I lived out of Paducah for a 
short while—I would go away on jobs and I would always 
come back.

Q. How long had you been living in St. Louis prior to 
May 6, 1946? A. You mean up to the time I left to come 
here—I only went there in April, the first of April.

Q. Prior to that time you had traveled by bus a number 
of times, had you not? A. I traveled by bus only once prior 
to the time I was on this bus.

Mary Elizabeth Whiteside— Plaintiff—Cross



96

Q. Where was that! A. Coming from St. Louis to 
Paducah once before on the Greyhound line.

Q. When the bus driver came to you at Wickliffe and 
asked you to sit in the back you knew what he meant and 
why, didn’t you ? A. I knew what he meant when he asked 
me I should move back and why I should move back. He 
didn’t ask me to move back. He told me I had to move back.

Q. Did you know why? A. I asked him why and my 
answer to the question was when I asked him why was 
because he said so.

Q. Did you knowT he was referring to your color as the 
reason why he asked you to move back? A. Yes, I did.

Q. You have lived in Paducah all of your life until that 
time and you knew that South of the Ohio River there were 
regulations on bus companies that required the colored peo­
ple to sit in the back of the bus and the white people in the 
front of the bus?

Mr. Freeland: I object, if your Honor please, to 
him asking her about her knowledge of any regula­
tions of any bus companies other than the defendant 
company.

By the Court: Overruled.
Mr. Freeland: I guess it is not necessary to ex­

cept.

A. I didn’t know anything about—I didn’t know there was 
a segregation on the busses as they say they are because 
there is no discrimination on the busses here in Kentucky 
and there weren’t any curtains or anything on the bus to 
show that'the colored were discriminated from the front of 
the bus, and when the driver told me I would have to move 
he didn’t say anything about the law that I won Id have to 
sit in the back. He didn’t say anything about that being the

Mary Elisabeth Whiteside— Plaintiff—Cross



law whatsoever. He said it was because he said so that I 
should have to move.

Q. I didn’t ask you that—what I want to know was that 
you knew that on the bus line of the defendant and other 
bus lines when they came into Kentucky they would ask 
the colored people to sit in the back and the white people 
in the front? A. I couldn’t say that I knew because I rode 
the bus once before— the Greyhound lines—-and I was sit­
ting the third seat back and there was no discrimination 
and I rode all the way from St. Louis to Paducah on the 
third seat from front, and I didn’t hear anything about 
discrimination, and I was sitting six seats back on the 
Trailway bus.

Q. Did you not know by hearsay, by understanding, by 
having lived in Kentucky all your life that there was cus­
tom or rule or regulation or law or something whereby 
colored people sat in the back of the busses? And white 
people sat in the front?

Mr. Freeland: Object, your Honor, about him
asking about customs.

By the Court: I  sustain objection as to customs 
—you can say about regulations. Overrule objection 
as far as questions relating to regulations.

Mr. Waller: I don’t know, your Honor, but that 
is all right. I will rephrase the question.

Q. You knew then that by reason of some regulation 
of the company or o f law that colored people sat in 
the back of the bus and white people at the front of the bus 
in Kentucky, in that portion of Kentucky? A. I didn’t 
know there was a law for that in Kentucky. Is that what 
you are referring to?

Mary Elizabeth Whiteside— Plaintiff—Cross



98

Q. Did you know there was a regulation as to that by 
the bus company? A. No, I didn’t.

Q. You were widely traveled, weren’t you? A. That is 
right.

Q. You had been to California? A. That is right.
Q. You had been to St. Louis a number of times—you 

had been to Chicago, been to Detroit, been to Memphis, and 
you had been to New Orleans? A. No.

Q. What other places had you been? A. That is all.
Q. Had you ever been to Nashville? A. No.
Q. Louisville? A. No.
Q. Your travels had begun at what age of your life? 

A. I take trips every year, so I really couldn’t say exactly 
what age I was as to the places—I did travel and I went to 
when I was traveling. I couldn’t say definitely the age.

Q. In the several years immediately preceding May of 
1946 you had taken a trip each year ? A. I had.

Q. The matter of your seating in the bus had been a mat­
ter of particular conversation between you and people of 
your race, had it not?

Mr. Freeland: Object.
By the Court: Overruled.

A. It hadn’t been frequent conversation with me because 
it is the second time I had traveled by bus. I had always 
traveled by train, and that conversation I hadn’t been hav­
ing with anyone regarding the discrimination on the busses 
in the State of Kentucky.

Q. You hadn’t talked with anybody about that? A. No 
because—no more than when you hear— like you hear of 
a case or something like that and you talk about it, that is 
all.

Mary Elizabeth, Whiteside— Plaintiff-Cross



99

Q. You had talked— it was a matter of general conversa­
tion and information with you that such regulations did 
exist?

Mr. Freeland: I object.
By the Court: Overruled.

A. Not in the State of Kentucky.
Q. Now, when this bus driver came to you and asked you 

to move to the rear, you well understood it was because you 
were a colored person, didn’t you? A. I guess so.

Q. And you refused because you didn’t like the regula­
tion, didn’t you?

Mr Freeland: Object—he hasn’t proved she knew 
any regulations.

By the Court: Overruled.

A. Repeat the question, please.
Q. You refused for the fact—because you didn’t like the 

regulations? A. I refused to move because of the way he 
told me I would have to move to the rear of the bus, and 
he told me I would have to move, and when I asked him 
why, he said because he said so. Then he wanted to know 
what nationality I was. He asked me what are you, any­
way—which meant he wanted to know what nationality I 
was.

Q. You have already testified about that. What I 
wanted you to answer was what I asked you—the reason 
you didn’t want to move back was because you objected to 
the regulations?

Mr. Freeland: I submit she has already answered 
that.

A. It was because of the way he asked me to move, that I 
refused to move to the rear.

Mary Elisabeth Whiteside— Plaintiff—Gross



1 0 0

Q. Then you didn’t object to the regulations? A. I 
didn’t object to the regulations—no.

Q. Then you have no complaint of anything here ex­
cept that you didn’t like the way the bus driver spoke to 
you?

Mr. Freeland: I believe I will object to that be­
cause the pleadings show—

By the Court: Let him cross examine her, though, 
as she has testified about this.

Mr. W aller: Here is the difficulty. The gentle­
man has pleaded a thing he doesn’t want me to ask 
about.

By the Court: I can amend it.
Mr. Waller: He pleaded about these regulations.
Mr. Freeland: I have not pleaded anything at all 

about the regulations—you pleaded.
Mr. W aller: Well, then, we pleaded about them.

Q. Now, you refused to move back? A. That is right.
Q. There were plenty of seats back of you? A. All the 

seats were empty in the back.
Q. All of them of equal or identical accommodations 

with the one you were occupying—is that right? A. As far 
as I could tell— they were the same.

Q. There were no curtains, no separation at all, was 
there? A. That is right.

Q. You say you were in the sixth seat from the front? A. 
That is right.

Q. Are you now able to recall about how many there were 
back of you? A. I can’t recall—no.

Q. Were there as many as 3, 4, 5, 6—

Mary Elisabeth Whiteside— Plaintiff—Cross



101

By the: Court: Now, Mr. Waller, she said she 
doesn’t know— she has said that three times.

Mr. Waller: Well, it is rather important, Judge.
By the Court: Regardless of its importance, this 

witness says she doesn’t know—can’t recall— she has 
said that three distinct times.

Q. All right. Did you know there were just six rows of 
seats in that bus ? A. Six rows— six double rows or six sin­
gle rows?

Q. Six double rows. A. Such as what? May I ask what 
do you mean by that?

Q. I mean counting them like you counted them and be­
ginning at the driver and coming back. Did you know there 
were only six rows of seats ? A. There were more than six 
rows of seats the way that I counted them back. I can’t re­
call how many seats were in the back of me, but I wasn’t on 
the back seat.

Q. Could you be mistaken about the number of seats you 
were from the front? A. I couldn’t be mistaken.

Q. You couldn’t possibly have been sitting in the third 
seat from the front? A. No, I couldn’t

Q. Were you trying to sit at the rear of the bus? A. I 
didn’t count the seats when I entered the bus. When I en­
tered the bus there were two seats vacant in front of the 
seat that I was taking. When I did count the seats was 
when he went off to get the Deputy Sheriff. I counted the 
seats to make sure how many seats I was sitting back in 
the back of the driver. I counted them and wrote it down 
in lipstick on my paper to be sure.

Q. Did you count each seat as two seats ? Or one seat ? 
A. I counted each seat as one seat.

Mary Elisabeth Whiteside— Plaintiff—Cross



102

Q. You remember when we took your deposition you 
said you were five seats back? A. I said six seats from the 
driver because I have it written down. I counted my seat as 
being sixth seat.

By the Court: Did you mean by that you were on 
the sixth row?

A. That is right. The seat I was in I counted that as being 
the sixth seat.

By the Court: On the side on which you sat—on 
that side of the bus ?

A. That is right.

By the Court: There were two seats in a row— 
each row had two seats, and you were on the sixth 
row next to the window?

A. That is right.
Q. Now, you say you went out to see Dr. Davis when you 

got out to Paducah? A. I went to see Dr. Davis. I  didn’t 
go to see him at first got here.

Q. You went about five o ’clock that afternoon? A. That 
is right— somewhere—I can’t be too certain of the time but 
it was around that time when I went to see Dr. Davis.

Q. Did you tell him that you had an irregular menstrual 
period at the time? A. I started when I got back home, 
and I was two weeks ahead of time when I did come around, 
and I stayed around more than double the period of time I 
should have stayed.

Q. You didn’t tell Dr. Davis about this? A. I came 
around after I got back home.

Q. You said you stayed in bed two or three days with a 
backache after you saw Dr. Davis? A. Three days.

Mary Elisabeth Whiteside—Plaintiff—Cross



103

Q. Isn ’t that quite normal for you to stay in bed two or 
three days with a backache at your menstrual period? A. 
I ’ve never had a backache during that period and I never 
had to go to bed with my period—never. I ’ve never had 
any trouble with my period before. I ’ve always been regu­
lar and never over a few days and never no trouble with my 
back or stomach before that happened to me.

Q. You did have your Fallopian tubes removed in an 
operation in Detroit in 1940, didn’t you ? A. I had appendix 
operation but no tubes removed.

Q. You had what? A. Appendix operation—my appen­
dix was removed, that is all.

Q. When you entered the hospital in St. Louis in October 
or November of 1946, didn’t they take from you a history of 
your physical condition through the years? A. No, they 
didn’t get it from me. They questioned my aunt— the aunt 
I was staying with in St. Louis. They didn’t ask me.

Q. Was it not a part of the history of your case in the 
hosiptal at St. Louis that in an operation in Detroit, Michi­
gan, in 1940, that your tubes were removed? A. My ap­
pendix were removed—no, no tubes.

Q. No tubes—you didn’t have any pus in your tubes? A. 
No, I have never had any tubes—pus.

Q. Did you know that your history says you have been 
a mother? A. I am a mother yet.

Q. You are? A. Yes, my child was born right here in 
Paducah.

Q. How old is she? A. She is ten years old.
Q. You never had any female trouble at all? A. No, I 

never had any female trouble.
Q. Do you remember what time you arrived in Paducah 

on the morning of May 6, 1946? A. I can’t recall the exact 
time—it was around ten o ’clock.

Mary Elisabeth Whiteside— Plaintiff—Cross



104

Q. Where did you alight from the Greyhound bus at 
Paducah ? A . At the bus station.

Q. That is at 5th—  A. And Kentucky Avenue.
Q. Did anyone meet you there? A. I got a cab—no one 

meet me there, no.
Q. A  taxicab? A. That is correct.
Q. And where did you go? A. I went home.
Q. To your mother’s? A. That is correct.
Q. Where was that? A. 916 South Tenth Street.
Q. Now, what did you do when you got there? A. When 

I got home I told my mother what had happened. Then I 
was going down to the bus company and she told me she 
would go with me, and my mother went with me to the bus 
station— Trailway. So we got to the Trailway bus station 
I was going to report to the President or the manager or 
whoever would be there what had happened, and they told 
me that the manager wasn’t in, but they expected him back 
in about an hour and a half, if I am not mistaken, later, and 
said that this bus driver had already reported as to what 
had happened, and I told them that I wanted to see him 
about it, so they told me it would be about hour and a half 
before the manager or superintendent or whoever he was, 
I  can’t recall, would return. So, in the meantime, I—no 
need of me waiting for him, so I went to the City Hall to 
see—I don’t remember his name— a lawyer. We waited 
there a long time, I guess, until I got a chance to see him—- 
I can’t recall how long we waited. After I saw him he told 
me to be back at his office at 5 o ’clock. Instead, I went 
home and then I went to see Dr. Davis—that is when I went 
to see Dr. Davis.

Q. When you came from your home to the bus station, 
did you come by taxi? A. I did.

Mary Elizabeth Whiteside— Plaintiff—Cross



105

Q. From the bus station to the city hall—did you walk! 
A. I  did.

Q. When you went from the city hall to your home, how 
did you go ! A. On the city bus.

Q. When you went from your home to Dr. Davis ’ office, 
how did you go? A. I walked.

Q. How far is that! A. It is a little better than two 
blocks.

Q. What did you do that night? A. My mother rubbed 
me in the salve that he had given me. I drank a hot tea and 
went to bed. The next morning my mother massaged me 
with this again and put hot towels on my body, the places 
where I was sore.

Q. When you entered the hospital in St. Louis in Oc­
tober or November of 1946, you did not give any case his­
tory? A. No, I didn’t give any history myself.

Q. To anybody? A. No.

R ed ir ec t  exam in ation  b y  M r. F reela n d .

Q. Miss Whiteside, how many trips have you made on a 
motor bus—I don’t mean here in the city—I mean between 
cities? A. Two.

Mr. W aller: She has already testified about that.
Mr. Freeland: Well, you asked her about many 

things she had already testified about.
Mr. Waller: Well, you objected to all of them. 

That is the reason I objected to this.
By the Court: She has gone all over it. She said 

she made one other one—on a Greyhound bus—rode 
on the third seat—trip was uneventful.

Q. Now, when you came from Wickliffe to Paducah on 
this occasion when this happened to you via Greyhound bus

Mary Elizabeth Whiteside—Plaintiff—Redirect



106

after you had been ejected from the defendant’s bus, I be­
lieve you testified you rode in the rear? A. I did.

Q. Were there any other colored people on the bus be­
sides you? A. There were.

Q. How many? A. The bus was filled. There were peo­
ple standing in the aisles. The long seat in the rear was 
filled. The seat I was on—I was sitting next to the window 
on this one— and a man occupied the seat next to me. There 
was colored on the seat in front of me, and there was colored 
and white standing in the aisles of the bus.

Q. Colored and white in the aisles. How about the seats 
in the back? Where there or not any white people there?

Mr. W aller: I object to that.
By the Court: I  just can’t see any connection in 

the world with the Greyhound bus.
Mr. Freeland: Your Honor allowed Mr. Waller 

to inquire of the witness whether she knew anything 
about the regulations of bus companies in the south.

By the Court: I  excluded any customs, too.
Mr. Freeland: I understand that—but he asked 

about the regulations of the companies.
Mr. Waller: I don’t think so.
By the Court: Yes, you asked about this com­

pany and other companies about regulations. This 
would pertain more to customs.

Mr. Freeland: I will withdraw the question.
By the Court: No, I will sustain it.

Q. Miss Whiteside, did you at any time until you were 
ejected from this bus on this occasion have any knowledge 
at all of any regulation of this company requiring colored 
passengers to sit in the rear of the bus? A. No, I didn’t.

Mary Elisabeth Whiteside— Plaintiff—Redirect



107

R ecr o s s  exam in ation  b y  M r. W a ller .

Q. You did know and so stated in substance a while ago 
that this driver was telling you on account of your color he 
wanted you to move back? A. I said he came to me and 
said I would have to get in the back of the bus and when I 
asked him why, he said because I said so—which meant the 
driver meant because he said so. That is why I had to 
move—he didn’t tell me it was the law I would have to sit 
in the back. I had to sit in the back because he said so, and 
after I told him I wouldn’t move, he asked me what was I, 
and after I asked him what did he think I was, and he told 
me he didn’t have to think, he knew, and I would still have 
to sit in the back of the bus, but he didn’t at one time men­
tion the law-—he only mentioned it was because he said so 
that I would have to move. He didn’t ask me—he told me 
I would have to move.

Q. But he did let you know and you did understand that 
he was asking you to move to the back of the bus on account 
of your color? A. After he asked me what was I, then I 
knew. Still he didn’t say it was the law. He wanted me to 
move because he said so.

Q. And it was after you knew that and you refused— 
A. After he told me, that is when I told him I would move 
if he would give me his number and his name, and he 
wouldn’t do it.

Q. Then after all that came this ejecting you from the 
bus and talking hold of you ? A. That is right.

Q. And he never did take hold of you until he went out 
and got an officer ? A. That is right.

Q. And the officer asked him to help him? A. That is 
right—when I told the officer I would move in the back he

Mary Elisabeth Whiteside— Plaintiff—Recross



108

told the officer he didn’t want me on the bus at all, and that 
is when they ejected me.

(Adjourned until 1 :30 P. M.)

1 :30 P. M.

By the Court: The plaintiff then produced and 
offered to read the depositions of Dr. H. J. Erwin 
and Dr. Lesler P. Howell taken on behalf of the plain­
tiff at St. Louis, Missouri, on 2nd day of April, 1947, 
and at a date subsequent to that agreed upon by 
counsel. To the reading of the depositions of Dr. 
Erwin and Dr. Howell the defendant objected on the 
ground that the depositions contained statements of 
opinions based upon the history of the plaintiff’s 
alleged injury and condition claimed to have resulted 
from such alleged injury given by the person other 
than the plaintiff, and by agreement with counsel the 
depositions are considered as now being read with 
the understanding that in brief or argument hereafter 
counsel for defendant may rely upon his objection 
to the depositions as a whole and to each and every 
question and answer contained therein because of 
incompetency, irrelevancy, or otherwise.

Mr. Waller: Now, I want to move that the plain­
tiff be required to file as part of the depositions the 
hospital records about which they have testified or 
copies certified by the custodian of those records at 
the hospital.

Mr. Freeland: I don’t know whether we can do 
so. We shall endeavor to comply with his request, 
if the Court so directs. Some hospitals are very pe­
culiar about letting records get out.

Mary Elizabeth Whiteside— Plaintiff—Beeross

♦



109

D iscussion

Mr. W aller: I f your Honor, please, they had the 
records before them when they testified.

By the Court: You mean the doctors—were the 
depositions taken at the hospital?

Mr. Freeland: No.
Mr. W aller: I f they can get them out to testify 

from, they can get them out to let the Court know 
what they contain.

Mr. Freeland: You don’t want the entire hos­
pital’s records about this case. You just want the 
particular papers they were testifying about.

Mr. Waller: I just want the hospital records,
whatever they wTere—that is what they testified from.

Mr. Freeland: I don’t think he is entitled to look 
into all the records the hospital has. I think he is 
entitled to have the papers they were testifying 
about.

By the Court: Did you attend and cross examine ?
Mr. Waller: No, sir, some lawyers in St. Louis.
By the Court: Why didn’t they see to that?
Mr. Waller: I don’t know. I understand from 

the depositions those records were there. I don’t 
recall whether they were made part of this record or 
not.

Mr. Freeland: They don’t appear to have been 
filed in there. Some of it was at the instance of coun­
sel for the plaintiff and some for the counsel of the 
defendant.

By the Court: Of course, if a witness used a rec­
ord in testifying, you have a right to see that record, 
and you have an equal right to read that into the 
depositions or require the plaintiff to supply it.

Mr. Freeland: It appears that counsel for the de­
fendant did read into it certain portions. I didn’t



110

M otion  to  D ism iss

notice in the originals whether anything was filed 
with them or not.

By the Court: I don’t find anything, Mr. Free­
land.

Mr. Freeland: There doesn’t seem to be any ref­
erence in my copy to the filing of anything.

By the Court: Here is the envelope in which they 
came to the Clerk,

Mr. Freeland: I have no objection to furnishing 
the Court insofar as I can anything that might en­
lighten you in the case, but I don’t know now to what 
extent I will be able to furnish it.

By the Court: I don’t believe that motion is
meritorious at this time because your attorney who 
attended that deposition had a perfect right to ex­
amine that record if the witness used it in testifying. 
Also had a right to have it read into the record or 
request then that it be made a part of the record, but 
in view of counsel’s statement that he will attempt to 
comply with your request and if he is able to obtain 
the record from the hospital will file it, he will do 
that without any determination, but so far as the 
Court requiring that the records now be filed, I over­
rule it because I think it is untimely.

Mr. Freeland: I will as soon as the hearing is 
concluded write to my associate, Mr. Grant, and re­
quest him to procure either the original record of 
the hospital or a copy o f it certified by anybody who 
is competent. Shall I  send that to your Honor?

By the Court: Give it to the Clerk. Let it be 
filed as Plaintiff’s Exhibit No. 3.

Mr. Waller: I move now for dismissal.
By the Court: Overruled.



I l l

J. B. Martin was called as a witness for the defendant, 
and after having first been duly sworn, was examined and 
testified as follow s:

D ire c t  exa m in a tion  b y  M r. W a ller .

Q. Please state your name. A. J. B. Martin.
Q. Mr. Martin, how old are you? A. 32.
Q. Where do you live? A. Jackson, Tennessee.
Q. What is your employment? A. Bus driver.
Q. For whom do you drive the bus? A. Southern Trail­

way.
Q. Is that the defendant in this case? A. Yes, sir.
Q. How long have you been driving for that defendant 

company? A. Four years and two months.
Q. Then you were a regular driver on May 6th of last 

year? A. Yes, sir.
Q. How long prior to May 6, 1946, had you been on the 

run from Cairo to Paducah? A. I had been on the run sev­
eral different occasions. It wasn’t my run, but I had 
swapped out on this date. I had pulled this run several dif­
ferent times before then.

Q. Had you run it at all as a regular driver on that run? 
A. Out of Cairo—around nine months.

Q. And for nine months you had run continuously or 
regularly on that run from Cairo to Paducah ? A. Cairo to 
Paducah—Cario to Jackson— and Cairo to St. Louis.

Q. On May 6, 1946, did the plaintiff become a passenger 
on your bus for the Southern Trailway Company out of 
Cairo, Illinois? A. She did.

Q. As you pulled out of Cairo that morning, approxi­
mately how many passengers did you have? A. Between 18 
and 20.

J. B. Martin—For Defendant—Direct



112

Q, How far is it approximately from Cairo to Wickliffe 1 
A. I would say seven miles.

Q. Is there any station or stop between those two cities? 
A. No, sir.

Q. On that morning did you make any stop after leaving 
Cairo before pulling up at the bus station in Wiekliffe, K y.f 
A. I did not.

Q. When you arrived in Wiekliffe, did any of your pas­
sengers alight at the station? A. I had three passengers 
to get off.

Q. Did you have any passengers that were ready to 
board your bus at Wiekliffe? A. I had, I believe, 3.

Q. Where was the plaintiff seated in your bus? A. In 
the third seat behind the driver on the left-hand side. She 
was sitting in the third seat next to the window.

Q. Now, the plaintiff has testified that you were driv­
ing on that occasion and she was a passenger on a bus with 
certain number and certain ODT number—were those num­
bers correct? A. ODT numbers?

Q. You remember those ODT numbers on the bus? A. 
No, sir, I do not.

Q. You remember the body number or the bus number? 
A. The number of the bus was 347.

Q. How many seats for passengers are there on that bus 
number 347 ? A. 29 seats.

Q. And how are they located in the bus?

Mr. Freeland: What number did he say?
Mr. W aller: 347.
Mr. Freeland: The pleading fixes it at 346.
By the Court: The number of the bus is 346.
Mr. Freeland: And the defendant admits it on 

page 2.

J. B. Martin—For Defendant—Direct



113

By the Court: Well, that is not material, is it— 
the number of a bus!

Mr. W aller: Unless they are different.
Mr. Martin: Makes no difference—the busses are 

identically the same— 346 and 347 are identically the 
same.

Mr. W aller: The record has admitted it was 346, 
so if they are identical, it will all right to handle it 
as 346.

Q. Now, where is the driver’s seat located? A. On the 
left front.

Q. And how many seats are there? From the front to 
the rear back of the driver’s seat? A. On each side— six 
reclining seats and the long seat in the back.

Q. Are those six reclining seats single or double seats? 
A. They are double seats.

Q. That is on the left-hand side of the bus? A. There 
are six seats on the left-hand side.

Q. Is there a center aisle in this bus ? A. There is a cen­
ter aisle. No seats in the aisle.

Q. How many seats are on the right-hand side of the 
aisle? A. There is six on the right.

Q. Double or single seats? A. Double.
Q. How many passengers may be comfortably seated at 

the seat in the rear of the bus? A. Five.
Q. That makes the 29 passengers? A. Yes, sir.
Q. Mr. Martin, where is the bus of the defendant which 

you were driving from Cairo to Wickliffe and on to Pa­
ducah on May 6, 1946? A. That would be hard to answer. 
It is probably in Jackson, Tennessee. 347 is down at the 
station now.

J. B. Martin—For Defendant—Direct



114

Q. Where is bus 347 today? A. It is on the run from 
Cairo to Paducah today.

Q. Do you know when it will be in Paducah today? A. 
It came in here at 1:13 and due out at 2:15 and it comes 
back here this afternoon sometime and doesn’t leave until 
8 :10.

Q. I f  the Court wants to see it, it will be here this after­
noon? A. Yes, sir.

Q. Now, Mr. Martin, when you left Cairo was the plain­
tiff seated in a seat on the right or the left of the center 
aisle as they face forward? A. She was on the left.

Q. Upon arrival in Wickliffc, Kentucky, had she 
changed her seat? A. She had not.

Q. Will you tell the Court in which seat she was riding? 
A. She was in the third seat behind me on the left-hand 
side next to the window.

Q. I suppose it is a matter of calculation—but how many 
double seats were in front o f her and how many double 
seats were behind her' on the same side she was sitting on? 
A. There would be two in front of her—there would be 
two at right-hand side of her except for the one right across 
the aisle from her.

Q. And how many would be behind her? A. There 
would be three.

Q. Mr. Martin, from time to time have you received 
any instructions from the officers and officials of the defen­
dant as to seating arrangement and how you should seat 
passengers in the bus?

Mr. Freeland: We will object to his testifying 
about it unless it will be shown that plaintiff knew of 
the instructions or reasonably should have known.

By the Court: Overruled on that.

J. B. Martin— For Defendant—Direct



115

Q. Did yon have any instructions from superiors of the 
company for which you worked— officers or supervisors as 
to the seating of passengers in the bus on that run? A. 
Yes, sir. On all runs.

Q. Did those instructions and regulations of the defen­
dant company have any directions to you as to the seating 
of the colored and white passengers in the busses in West­
ern Kentucky? A. Only to seat colored people from the 
rear and white from the front.

Mr. Freeland: I move to exclude that, your
Honor, please. I did not anticipate he would go 
ahead and tell what the instructions were-—the ques­
tion was if any instructions had been given him, I 
understand.

By the Court: First, had any instructions been 
given you with respect to the method of seating 
white and colored passengers?

A. Yes, sir.

By the Court: You said instructions or regula­
tions. Now, which was it?

A. It would be instructions or regulations—our super­
visors—

By the Court: Were they verbal or were they 
written?

A. They was orally given to us.

By the Court: By whom?

A. By the supervisor.

By the Court: Who was the supervisor?

A. They have a supervisor of drivers.

J. B. Martin—For Defendant—Direct



116

By the Court: Who gave them to you?

A. Paul Walters.

By the Court: When did he give them to you?

A. When I came up in this division about two years ago.
Q. What were those instructions with reference to seat­

ing white and colored passengers in Western Kentucky?

Mr. Freeland: We object, your Honor.
By the Court: What is the ground of your ob­

jection?
Mr. Freeland: In the first place, if the Court 

please, there has been pleading here about regula­
tions—no pleading of instructions. Whether or not 
an instruction is a regulation, I am not at this time 
prepared to say, but I am urging the objection that 
it is not and I would like for the Court to consider 
that. Then, in addition to that, I have the same ob­
jection that I made before and that is that it would 
not be competent to show this and not be binding 
upon the plaintiff unless it be shown that she knew 
of this or reasonably should have known at the time 
and place complained of.

By the Court: For the present, I am going to
overrule your objection. I am not sure about oral 
instructions.

Mr. Waller: We can give you a decision on that. 
I would like to have leave to amend that pleading if 
there is going to be any point raised between instruc­
tions and regulations. I don’t know that there is any 
difference.

Mr. Freeland: For the record, let me object to 
his doing so.

J. B. Martin—For Defendant—Direct



117

Mr. W aller: May we consider that as the Court 
rules that it might be made?

Mr. Freeland: You mean consider the amend­
ment to have been made?

Mr. W aller: Yes.
Mr. Freeland: I believe I would rather he make 

it, your Honor, so that we might know just what it is.
Mr. W aller: Just put after the word “ regula­

tions”  wherever it is “ and instructions” .
By the Court: I don’t believe there is any dif­

ference between regulations and instructions in view 
of the method the witness said was used in giving- 
instructions or regulations, whichever it may be.

Q. Now, the last question I asked you. Upon arriving 
at Wiekliffe, did you have any conversation with the plain­
tiff before the passengers were to alight at Wiekliffe had 
left the bus? A. Before the passengers had left the bus? 
No, sir.

Q. Did you have conversation with her before the pas­
sengers that were getting on the bus at Wiekliffe had gotten 
on it? A. I did.

Q. I will ask you to tell the Court what that conversa­
tion was as nearly as you can, telling what you said to her 
and what she said to you? A. As well as I remember, I 
got up and went back and asked her would she mind mov­
ing back. What she said to me was ask me what was all 
the discrimination and so forth about. I told her there 
wasn’t any, that it was our rules, and as far as safety and 
so forth to ask her to move back.

Q. Do you know what she meant by this discrimination ? 
A. I do not.

J. B. Martin—For Defendant—Direct



118

Q. Please tell the Court the quality and character of 
accommodations in that bus throughout, especially concern­
ing the accommodations in the front or forward part and 
those in the back part of the bus, as to whether or not they 
were equal or similar, or dissimilar or unequal, as to com­
fort, safety, general convenience and utility'? A. I sup­
pose, as far as I know, all the seats are the same.

Q. Well, there is a difference in the seat across the back 
in that it is five seats instead of two? A. Yes, sir, it is a 
divan.

Q. Are all the seats in that bus upholstered alike? A. 
Yes, sir.

Q. Are all of them ventilated alike? Or different? A. 
All the seats down the asile are the same.

Q. At the time that you made this request of her to move 
back further in the bus, will you tell us why you made that 
request of her? A. Why I asked her to move back?

Q. Yes. A. I  asked her to move back—-there was pas­
sengers coming into Paducah, I was always loaded, and I 
only asked her to move back so they could be together.

Q. Did you explain to her in your conversation why you 
desired her to move further back in the bus? A. No, other 
than just for comfort and safety was all.

Q. Did she agree to move back? A. She said she 
wouldn’t move or wouldn’t get off.

Q. Did you ask her to get off? A. I asked her to move 
back.

Q. What reason did she give for not complying with 
your request? A. She didn’t give any.

Q. Where was she seated at that time with reference to 
the white occupants of that bus? A. She was in the third 
seat from the front on the left. There was passengers 
seated behind her.

J. B. Martin—For Defendant—Direct



119

Q. How many of your passengers on that day were 
white and how many were colored? A. Well, there was 
around eighteen whites and she was the only colored.

Q. Then the passengers seated behind her were white 
passengers? A. Yes, sir.

Q. Would it have been possible to have seated all the 
passengers you had ahead of her in the bus? A. I could 
not have seated them.

Q. As a matter of fact you could only have had eight in 
front of her? A. Eight.

Q. And you say there were eighteen on the bus? A. 
Yes, sir.

Q. How long was your conversation with her? Have 
you told all of it ? A. I  only told her if she didn’t move back 
that I would call the law. She told me to go ahead and call 
the law— she didn’t care— she wouldn’t move and she 
wouldn’t get off.

Q. Now, what did you do then? A. I got off the bus 
and went in the station and asked the agent to call the law.

Q. By the law you mean some peace officer? A. Yes, sir.
Q. Did they call some officer that had jurisdiction? A. 

She did.
Q. And did one come? A. Yes, sir.
Q. Who was it? A. Well, I don’t recall his name.
Q. What position did he hold? A. I think he was a mar­

shal—city marshal.
Q. Town marshal of Wickliffe, Kentucky. Now, did the 

town marshal come there and enter the bus? A. He asked 
me what the trouble was when he came up and I told him. 
He went in and asked her to move and she told him she 
wouldn’t move.

Q. Did you go in the bus with him? A. I did not.
Q. He entered alone? A. Yes, sir.

J. B. Martin—For Defendant—Direct



120

Q. How many passengers were on the bus at that time? 
A. There was probably seventeen.

Q. Was she still the only colored passenger! A. She 
was still the only colored one.

Q. Did you hear the conversation between the plaintiff 
and the Town Marshal of Wiekliffe? A. Not while he was 
in the bus before he asked me to help him.

Q. Now, you say he asked you to help him. When was 
that and what did he ask you to help him do? A. He just 
asked me to help him get her out of the seat.

Q. Had you been where you could see him and her at 
the time he was talking to her? A. I didn’t see them. I 
was on the outside.

Q. Did he call to you or come to the door? A. He just 
called.

Q. Now, tell the Court what happened when you went 
back in there? A. I went on back. He had hold of her and 
I taken her other hand and pulled her up out of the seat 
and she decided we was going to put her off and she said 
she would get off.

Q. Which part of her body did you have hold of? A. 
I  had hold of her arm.

Q. Which arm? A. Left one.
Q. Did you have hold of any other part of her body? 

A. I did not.
Q. Did you at any time take hold of any part of her 

body except her left arm? A. No, sir.
Q. Did the Town Marshal take hold of her? A. Not 

that I know of. He didn’t while I was in there.
Q. He didn’t have hold of her at all? A. He had hold 

of her right arm.
Q. Right arm. What part of her arm did he have hold 

of ? A. I wouldn’t know what part of her arm he was hold­
ing her by. I would say between the wrist and the elbow.

J. B. Martin—For Defendant—Direct



121

Q. I don’t believe you said what part of the left arm you 
had hold of. A. I  got hold of her wrist. She was holding 
the arm of the chair.

Q. Did she have a bracelet on the wrist you had hold of? 
A. I didn’t see one.

Q. Did you see one on the other arm? A. I did not.
Q. Tell the Court how much force you and the Town 

Marshal or either of you used on that occasion? A. Didn’t 
use any more than to get her up out of the seat.

Q. She has testified that one of you pulled her leg loose 
or kicked her leg loose, or something of that kind, did you 
at any time touch her leg? A. I did not.

Mr. Freeland: She didn’t say anything like that. 
Mr. W aller: That is what I understood—touched 

her leg and bruised her.
By the Court: She testified she had a bruise on 

the left side of her leg.
Mr. Freeland: Yes, but the leg hadn’t been kicked 

loose.
Mr. W aller: I understood her to say it was kicked 

loose.
By the Court: I don’t know about it being kicked 

loose. Did you have hold of her leg in any way?

A. No, sir.

By the Court: Did you force her leg against any­
thing?

A. No, sir.
Q. Where was the Marshal standing as he tried to get 

her up? A. He was standing at the side of her and I was 
at the front of her.

J. B. Martin—For Defendant—Direct



122

Q. During that time or at any time did she try to bite 
you as she said she did! A. She did when I taken hold of 
her.

Q. After you and the Marshal pulled her up to a stand­
ing position, is that what you said? A. That is right.

Q. What was said by her? A. Well, after we pulled her 
up and started down the aisle while we probably moved one 
seat, she said she would get off, she would get off herself.

Q. Did you or the Town Marshal or either of yon carry 
her a distance as she testified? A. No more than after she 
got up out of the seat—probably one seat—maybe a foot 
and a half.

Q. How did you carry her? A. I don’t know as we even 
carried her.

Q. Did either of you have hold of a arm and a leg? A. 
1 had hold of her arm—I didn’t have hold of her leg.

Q. Did the Town Marshal have hold of her leg? A. He 
did not,

Q. Did he have hold of her arm? A. He had a hold of 
her arm.

Q. Did either of you have hold of any part o f her body 
except the arm holds of which you testified? A. I didn’t 
and I didn’t see him.

Q. Did you at any time touch her on the shoulder? A. 
A. I  did not.

Q. Did the Town Marshal so far as you know touch her 
shoulder? A. Not while I was around.

Q. Did she leave the bus? A. She did.
Q. As you left the bus, how were you walking? Who 

was in front and who was behind? A. I was the first one 
out the door and then she walked out and the Marshal.

Q. Do you remember anything being said about giving 
her a ticket back? A. She asked me to give her her money 
back.

J. B. Martin—For Defendant—Direct



123

Q. When was that request made? A. After she was off 
the bus.

Q. Did you give her her money back? A. I did not. I  
didn’t have her money.

Q. What did you give her back? A. I gave her back her 
ticket.

Q. Was that the ticket she filed as Exhibit 2 with her 
testimony this morning? A. The one with the three clip 
holes in it.

Q. The one that had your signature on it? A. Yes, sir, 
that is the ticket.

Q. That is No. 2. I show you Plaintiff’s Exhibit No. 1, 
did you ever have that at all? A. I  don’t remember ever 
seeing the stub.

Q. What time did your bus arrive at Wickliffe, Ken­
tucky, on the morning of May 6, 1946? A. Around 7 :80.

Q. What time had you left Cairo, Illinois? A. 7 :20.
Q. What time did your bus leave Wickliffe that morn­

ing? A. Around 8:10.
Q. You had been there around 40 minutes? A. Yes, sir.
Q. What was your scheduled stop for Wickliffe? A. It 

was just stop and right out.
Q. How much were you delayed—how much was your 

bus delayed by reason of this altercation? A. I would say 
40 minutes.

Q. After the plaintiff was outside the bus and standing 
on the street pavement, did you have anything to do about 
her baggage? A. We have a baggage compartment in the 
back. I had taken the baggage out of the back and set it on 
the sidewalk.

Q. She said you set it in the middle of the street, is that 
true? A. No, I set it on the sidewalk.

J. B. Martin—For Defendant-Direct



124

Q. Where did you set it with reference to where she was 
at the time? A. Well, she was at the front of the bus, 
standing out on the walk and I set it from the rear of the 
bus. The bus was parked long-ways with the street and I 
just set it up on the sidewalk.

Q. Did she have any luggage with her inside in the pas­
senger compartment of the bus? A. I think she had a box 
and a magazine.

Q. Do you know what became of them? A. I don’t know 
what became of them.

Q. Did you get them out? A. I didn’t get them out.
Q. Did she go back and get them? A. As well as I re­

member, she did.
Q. Forty minutes from the time you arrived you left? 

A. Yes, sir.
Q. Mr. Martin, did you at any time twist the plaintiff’s 

arm or any other part of her body? A. I pulled her loose 
from the seat is all.

Q. Did you throw her luggage off the bus? A. I did 
not.

Q. Did you have any conversation with the plaintiff after 
she was out on the sidewalk in which she made any state­
ment as to why she had done as she had? A. She told me 
after I put the bags out and closed the baggage door and 
started back in the bus that that was what she wanted us 
to do was mistreat her or scratch her or bruise her.

Q. Did she say why she wanted you to do that? A. I 
didn’t ask her.

Q. Has your company given your through its super­
visors, superintendents and officers any instructions as to 
seating passengers in the bus other than as to white and 
colored passengers? A. Yes, sir.

J. B. Martin—For Defendant—Direct



125

Q. What are some other instructions you have as to 
seating passengers?

Mr. Freeland: I object, your Honor, unless it 
has something to do with the issues in this case.

By the Court: What is the materiality of that, 
Mr. Waller?

Mr. W aller: I don’t know, your Honor, except 
that I just thought I would like to show that they 
didn’t instruct them on that and nothing else.

By the Court: I  will sustain the objection.

Q. Have you in your long experience as a bus driver 
had occasion to observe the directions and regulations of 
your company as to seating passengers? A. I have.

Q. Which is the more emphasis put upon— seating the 
colored passengers at the rear or white passengers at the 
front?

Mr. Freeland: I object to that on the same
ground.

By the Court: I think it is immaterial— but an­
swer, what is it?

A. I have had just as much trouble one way as I have the 
other. I have had to move the whites from the back.

Q. As an experienced bus driver operating in Western 
Kentucky, do you think it is a salutary rule of your com­
pany to require the separation of your white and colored 
passengers?

Mr. Freeland: I will object.
By the Court: I will sustain the objection.

Q. Mr. Martin, ybu understand, do you not, that it is 
the duty of you and your company to transport all passen­
gers safely? A. I do.

J. B. Martin—•For Defendant—Direct



126

Q. State whether or not in your opinion the regulations 
that require the separation of white and colored passen­
gers in traveling on your coaches is a rule that promotes 
the safety of their transportation?

Mr. Freeland: Object.
By the Court: Overruled.

A. Under I. C. regulations and the company’s regulations 
and rules, it is.

By the Court: What regulations do you have
reference to when you say “ I. C .”  regulations!

A. We are required by the I. C. as far as old people and 
children sitting on the front to move them back.

By the Court: You are referring to Interstate 
Commerce Commission’s instructions with respect 
to safety of operations!

A. Yes, sir.

By the Court: Do you have those regulations 
with you?

A. I don’t have any with me, no, sir.

Mr. Freeland: I move to exclude that, your
Honor.

By the Court: All the regulations issued by the 
Interstate Commerce Commission are in writing.

Mr. W aller: I didn’t ask him that.

A. I suppose they are.

By the Court: He answered it though. I per­
mitted him to answer it.

J. B. Martin—For Defendant—Direct



127

Mr. Freeland: I would like to move to exclude 
that answer.

By the Court: I will exclude that answer.

(Reporter reads last question.)

A. I don’t understand that question.
Q. Let me ask it in another way. Your company directs 

its drivers that in Western Kentucky they seat the white 
passengers from the front of the bus backward and colored 
passengers from the back of the bus forward. You have 
testified to that. In your opinion as an experienced driver 
of busses in Western Kentucky, is that a regulation that 
tends to make the travel of all your passengers a safe 
travel ?

Mr. Freeland: Object.
By the Court: Overruled.

A. As long as I have been driving a bus, I see that you have 
to separate them if you are going to have a safe journey 
and all of them have peace and comfort.

By the Court: Now, how does the separation of 
the white and colored people affect the safety in the 
operation of the bus?

A. Well, on several occasions we have had fights to start 
on the bus.

By the Court: You mean it promotes quiet among 
the passengers, and in that way promotes safety.

A. Yes, sir.
Mr. W aller: I meant to address my question as 

to the safety of the passengers.
Mr. Freeland: Now, may I inquire whether he 

personally knew about the fights.

J. B. Martin-—For Defendant—Direct



128

Mr. W aller: You ask him—you can cross examine 
him.

Mr. Freeland: I would like to make an objection 
now.

By the Court: I overrule it.
Mr. Waller: Just examine him now.

C ro ss  exam in ation  by M r. F ree la n d .

Q. I will ask you, Mr. Martin, on that point, you say 
there have been several instances of fights arising between 
passengers because of their not being segregated in seat­
ing, is that what I understood you to say! A. I have. I 
have had them on my bus.

Q. You have had them on your bus? A. Yes, sir.
Q. Have you not testified that your practice was to seg­

regate them in seating? Let me ask you this way, you have 
testified, have you not, that it is your practice to segregate 
the seating of the passengers, segregate passengers, colored 
and white, from each other in seating them on the bus, isn’t 
that what you testified? A. For their safety.

Q. Well, regardless of the motive, that has been your 
practice? A. That has been the practice in Kentucky.

Q. That has been your practice? A. It has been all the 
busses’ practice.

By the Court: Say whether or not it has been 
your practice.

A. Yes, sir.
Q. Nevertheless, these fights have occurred—is that true 

or not? A. They have.
Q. So the segregation is not operated to prevent fights? 

A. That is what we separate them for.

J. B. Martin—For Defendant—Gross



129

Q. But it doesn’t have that effect. Well, is that true or 
not? A. I didn’t understand the question.

Q. Well, you stated that you separated the passengers 
because it prevents fights arising to do so, but nevertheless 
fig’hts occur? A. Well, not all together—for their pleasant 
journey.

Q. Well, Mr. Martin, I  want you to understand me. I 
am talking about the fights. Whatever your other motive 
might be, let’s direct our attention at this time to the fights. 
You previously testified that your practice has been in Ken­
tucky, while you have been driving for this company, to seg­
regate the white passengers from the colored passengers 
in seating—that is what you stated, is it not? A. We seat 
them from the back, the colored, and the white from the 
front.

Q. You have further testified that the purpose in doing 
so is to avoid fights between white and colored people on 
the busses.

Mr. W aller: I have no objection, but that is just 
an argument.

By the Court: The witness hasn’t answered the 
question yet.

Q. You testified that the purpose of your doing so was 
to prevent fights occurring between white and colored pas­
sengers on your bus, isn’t that correct? Isn ’t that what 
you said? A. Not all together.

Q. Not all together, but that is one purpose? A. One 
purpose, yes.

Q. That is the purpose you had in mind when you quoted 
safety, is that correct? A. Yes.

Q. Safety and pleasant journey. Now, notwithstanding 
that, you say that several fights have occurred on your bus 
between white and colored passengers? A. I have had one.

J. B. Martin—For Defendant—Cross



130

Q. I thought you said there were several. A. There 
have been several on our busses.

Q. Well, I asked you if it was in your person knowl­
edge.

By the Court: Now, he said there was one on 
his bus, and there have been several on busses of 
his company.

Q. Were you present at these other fights that occurred 
on busses of your company? A. I was present on the one 
I was driving.

Q. Just the one then. A. Just the one I was driving.

Mr. Freeland: I will ask then that the testi­
mony about the others be excluded.

By the Court: I  will overrule it.

Q. There has been one fight on your bus. How long ago 
did that take place? A. Well, it was while I was on this 
run from Cairo to Jackson, Tennessee.

Q. Where did it occur? A. Clinton, Kentucky.
Q. That was not on the run from Cairo to Paducah? A. 

On the run from Cairo to Jackson, Tennessee.
Q. Is that the same run that turns around? A. It makes 

connections on this run.
Q. You don’t go through Paducah to get to Jackson? 

A. No, sir.
Q. Where have you driven besides in Kentucky? A. I 

have driven in Louisiana, Mississippi, Illinois and Missouri,

Mr. Freeland: I should like to cross examine him 
about the instructions that have been given him with­
out waiving my objection.

By the Court: All right, you may do that.

J. B. Martin—For Defendant—Cross



131

Q. Mr. Martin, yon have testified that some person, 
Walters, I believe the name was, employed by your com­
pany, instructed you to segregate the passengers in seating 
them on your bus, is that correct ?

Mr. Waller: I don’t like that word “ segregate” . 
There hasn’t been any testimony about any segrega­
tion.

Q. Let’s put it this way. You were instructed to seat 
the colored passengers from the rear forward and the white 
passengers from the front backward. A. I was.

Q. And this gentleman who gave you the instructions, 
what is his position? A. He is the drivers’ supervisor.

Q. What territory does he have in charge? A. He had 
all the division in this territory and through Mississippi and 
parts of Tennessee.

Q. Does he have charge of the run between Cairo and 
St. Louis? A. He was the supervisor on that run at that 
time.

Q. Have you ever driven that run? A. From Jackson 
to St. Louis?

Q. Yes. A. I have.
Q. What instructions were given you by this gentleman 

or anyone with authority about seating of white and colored 
passengers in Illinois?

Mr. W aller: I object to that. That is not the law 
suit here.

By the Court: This is from St. Louis, Missouri, 
to Paducah, Kentucky.

Mr. Waller: That is all right. She rode where 
she did ride until Wickliffe, Kentucky. She entered 
this bus at Cairo. What the regulations are in Illinois 
couldn’t be germinated here.

J. B. Martin—For Defendant—Cross



132

By the Court: I don’t think it would be control­
ling, but this man has testified from his experience 
in the operation of busses.

Mr. W aller: In this vicinity.
By the Court: You didn’t confine it to this vicin­

ity. I am going to permit him to be cross examined 
on this. Overrule the objection.

Mr. Waller: Exceptions.

Q. What instructions were given you, Mr. Martin, about 
the seating of white and colored passengers on the part of 
the company’s line that you have run from Cairo to St. 
Louis! A. We reserve the right to change our seating ar­
rangements at any time at any point.

By the Court: That isn’t the question. What are 
your instructions with respect to the loading of white 
passengers from the front toward the rear and 
colored passengers from the rear toward the front 
in the State of Illinois, particularly on the run from 
St. Louis?

A. As far as taking the State of Illinois, I have never heard 
of them making any distinction in it.

By the Court: The same instructions and the
same regulations that you testified about prevail in 
Illinois, is that right?

A. What I am trying to get at is they never told us any­
thing about Illinois or Missouri as to what to do.

By the Court: The instructions or the regulations 
that you testified about pertain to what territory?

A. Kentucky and the South.

J. B. Martin—For Defendant—Cross



133

By the Court: South of the Ohio River?

A. Yes, sir.

By the Court: And you never had any instruc­
tions or never was issued any regulations with re­
spect to the seating arrangement in the State of 
Illinois or Missouri or elsewhere than the territory 
of South of the Ohio River?

A. Nothing more than safety.

By the Court: What was that? Was that with 
respect to seating of passengers?

A. If there was old people on the front—

By the Court: I  am not asking that. What were 
your instructions or what regulations were issued 
with respect to the seating of white and colored 
people in your bus in territory other than South of 
the Ohio River?

A. I don ’t remember what they had to say about it. They 
didn’t tell me.

Mr. W aller: I assume my objection is overruled.
By the Court: Yes, go on.

Q. You drove the bus from St. Louis to Cairo and from 
Cairo to St. Louis when you were on that run without any 
specific instructions as to seating of white and colored pas­
sengers, is that correct? A. As far as Cairo to St. Louis, 
I don’t see any difference in it than anywhere else.

Q. There is no difference in driving from Cairo to St. 
Louis than it would be from Cairo to Paducah? A. Cairo 
from St. Louis, we never had any trouble up there.

J. B. Martin—For Defendant—Cross



134

Q. You never had any trouble up there although the 
company has given you no instructions about seating col­
ored passengers in the rear part of the bus and white pas­
sengers in the front? A. I never run that bus to St. Louis.

Q. I understood you to say you did. A. I  have been to 
St. Louis from Jackson, Tennessee, several times.

Q. Jackson, Tennessee? Doesn’t that run through 
Cairo? A. It runs through Cairo.

Q. From Cairo North, from Cairo to St. Louis, you 
stated you can’t tell any difference and never had any 
trouble, is that right? A. I never have had any on my 
busses up there.

Q. You never have had any on your busses in spite of 
the fact your company has given you no instructions about 
the seating? A. I suppose their instructions would be the 
same. They didn’t make any distinctions in the states.

Mr. W aller: I didn’t hear that.
Mr. Freeland: He says now they didn’t make any 

distinction in the states.
By the Court: What you mean to say, Mr. Martin, 

is your instructions about seating colored passengers 
from the rear of the bus forward and white people 
from the front of the bus toward the rear was a gen­
eral instruction as to all operators?

A. On the operations that I have been on, yes, sir.
By the Court: And you have been on the one 

from Cairo to St. Louis? And St, Louis to Cairo?
A. At times, yes, sir. I never had the regular run from 
Jackson, Tennessee, to St. Louis.

By the Court: These occasional trips you made—
how long ago did you take the first one?

A. I would say a year and a half ago.

J. B. Martin—For Defendant—Cross



135

Q. So it has been within the past couple of years? A. 
It has been within the past couple of years.

Q. When you wTere driving that run, what practice did 
you follow?

Mr. Waller: Your Honor, please, that hasn’t a 
thing in the world to do with this.

By the Court: I know it hasn’t, but it has some­
thing to do with this cross examination. Overruled 
for the time being. Answer the question.

Q. When you were driving that bus, Mr. Martin, what 
practice did you follow from St. Louis to Cairo and from 
Cairo to St. Louis? What practice did you follow concern­
ing the seating arrangements? A. I never had very many 
colored people on my bus.

By the Court: Where did you seat them when 
you did?

A. I didn’t seat them.

By the Court: Where did they sit?

A. As far as I know, they went back in the bus and sat 
down.

By the Court: Toward the rear or toward the 
front?

A. Most of them sat to the rear.
Q. But as far as anything you did about it, Mr. Martin, 

they sat wherever they pleased? A. If they were sitting 
back there, why would I want to do anything about it?

By the Court: Suppose they were not sitting
back there? Did you say anything to them?

A. I never said anything to them, no.

J. B. Martin—For Defendant—Cross



136

Q. Now, Mr. Martin, you have testified that the instruc­
tions received by you required you to seat colored pas­
sengers from the rear of the bus and white passengers from 
the front. That is correct as far as instructions are con­
cerned regardless of what you did—those were the instruc­
tions'? A. That is what the instructions were.

Q. You have further testified that on this bus on each 
side there are six double reclining seats'? A. On the 29- 
passenger busses.

Q. The bus that this happened on? A. That is right.
Q. Does the company have others that are different? 

Different in the number of seats? A. We have some 33’s 
and some 37’s.

Q. Are those busses built on the same general plan? 
That is, double reclining seats on each side back to the back 
with a single bench across the back? A. They are the same.

Q. So, all of them are built along that line regardless of 
the number of reclining seats—they all have a number of 
reclining seats along the sides with a single or long bench 
in the back? A. That is right.

Q. Now, this long bench or seat, it is the one to which 
you would direct colored passengers in pursuance of your 
instructions that they be seated from the rear, is it not? 
A. Do you mean did I ask her to sit on the back— is that 
what you mean?

Q. I am asking you about regulations at present or in­
structions. A. It don’t necessarily mean to sit on the back 
seat—it means from the back.

Q. When you load from the back, Mr. Martin, don’t you 
start from the rear-most seat? A. I don’t say that they 
would. If you had ten passengers on there, if you had ten 
in the back and ten in the front, why would they have to be 
in there?

J. B. Martin—For Defendant—Cross



137

Q. If your instructions were to begin seating at the rear, 
wouldn’t you have to begin putting them on the back seat? 
A. We don’t go back there and put them on there.

Q. I know you don’t do that, but you were supposed to 
tell them to go back there, isn’t that correct? You don’t 
go back and sit them down but your instructions are to re­
quire them to begin seating at the back of the bus, is that 
right? A. Yes, sir, we start loading from the back and 
others from the front.

Q. Now, the bus just has one door, doesn’t it? A. Just 
one door.

Q. Up in the front? A. Up in the front.
Q. And those passengers, then, according to the instruc­

tions you have, are supposed to go in the front door, go all 
the way in the back and begin seating from the back for­
ward, those are your instructions, aren’t they? A. That is 
our instructions.

Q. All right. Now, this back seat, you have testified 
that it holds five? A. It holds five.

Q. Mr. Martin, it is just a single long bench, isn’t it? 
There are no arm rests between these places for the five 
individuals? A. There is no arm rest in between them, no.

Q. It is just a single long bench?

By the Court: He has testified to that.

Q. How about the reclining seats along the sides of the 
aisles? They have arm rests, do they not? A. One on each 
side is all—none in the middle.

Q. You mean there is none between the two double seats? 
A. No, sir— none between them.

Q. Mr. Martin, this back bench, it is substantially higher 
off the floor than the seats along the sides, is it not? A. Not 
necessarily—it is all on the same floor.

J. B. Martin—For Defendant—Cross



138

Q. There is no difference in the height of the back seat, 
then, from the floor, or there is no step down from that back 
seat? A. There is a step down but the seats are the same.

Q. I see, but there is a step down from where you put 
your feet in front of that back seat to the main aisle of the 
motor bus? A. Where you walk down to the aisle there is 
a step down there—probably a foot.

Q. So to get to this back seat you must step up a step 
of about a foot. You walk back along the length of the bus 
approximately the length, and you step up about a foot? A. 
Not about a foot—it is about six inches.

Q. About six inches, well. At any rate, there is a step 
up there. That is occasioned by the back seat being over 
the wheel, isn’t it? A. That back seat is not over the wheel.

Q. Do you know why the seat is constructed that way? 
Why that step up is there? A. I don’t build busses—I don’t 
know why it is that way.

Q. The back seat is not a reclining seat, is it? A. No, 
sir, it is a divan.

Q. It is immovable and the back can’t be lowered or 
raised ? A. I don’t think you can lower it or raise it.

Q. You never heard of it? A. I never lowered it or 
raised it.

Q. Have you ever ridden as a passenger on a motor 
coach? A. Yes, sir.

Q. It is a fact, isn’t it, that it is more comfortable to 
have a reclining seat than one that is not reclining? A. Us 
drivers have dead-headed on those busses a lot. I  have laid 
down and slept on those back seats a lot—300 miles.

Q. You can’t do that if there are five people on it? A. 
That is right.

Q. It is true that it is not as comfortable to ride on? A. 
That is not true. Did you ever ride the back seat of one?

J. B. Martin—For Defendant—Cross



139

Q. Yes, sir, I did. A. I have rode the back seat of sev­
eral and I couldn’t tell any dfferenee.

Q. You can’t tell any difference—let me ask you this, 
when you are sitting in a reclining seat, do you use the re­
clining features of the seat! A. Do you mean do I use the 
whole seat?

Q. No, I mean do you ever fix the seat to lie back in? A. 
Some have—I don’t.

Q. I see. So, it wouldn’t make any difference to you, of 
course, whether the seat would recline or not? A. It 
wouldn’t with me.

Q. But to a person who did want the seat reclining, it 
wouldn’t be as comfortable to sit on that back seat where 
it can’t be so adjusted? A. The back seat is already ad­
justed.

Q. What do you mean by that, Mr. Martin? A. The seat 
was put in there for comfortable seat or they wouldn’t have 
put it in that way.

Q. People have different ideas about comfort, isn’t that 
true? A. I suppose they do.

Q. And the purpose of making the backs of the double 
seats adjustable is so that they can be comfortable for peo­
ple with different ideas, isn’t that correct? A. I wouldn’t 
know what they put them on there for.

Q. Well, people do use them for that, don’t they? You 
notice your passengers— some of them want to lean back 
and some of them want to sit up—and they adjust the back 
of the seat accordingly? A. They do.

Q. But they can’t do that to that seat in the back. It 
is fixed permanently and the angle can’t be adjusted, isn’t 
that true? A. It can’t be adjusted.

Q. You are sure that the plaintiff was sitting in the third 
seat behind you? A. I am quite sure.

J. B. Martin—For Defendant—Cross



140

Q. She stated that she counted the seats, did you count 
them? A. I don’t have to count them.

Q. You just know without counting them? A. I know 
without counting where she was sitting.

Q. You stated that you did not at any time, or, so far 
as you know, the Town Marshal who assisted you in eject­
ing the plaintiff, you did not at any time take hold of her 
leg or her knee? A. I did not.

Q. And he did not ? A. He did not.
Q. You do not know then how her leg became bruised? 

A. I didn’t see her leg or her knee— she had on slacks.
Q. She was wearing a slack suit consisting of a jacket 

and a pair of what I would call pants? A. I know she had 
on long pants—I don’t know about the jacket. I don’t 
know what else she had on.

Q. I see. You stated you do not recall seeing a bracelet 
on her wrist—was she wearing a jacket with sleeves in it 
or not? Was part of her arms bare or covered? A. As 
well as I remember she had some kind of a sleeve. I  don’t 
know whether it came all the way down or not.

Q. You don’t know now whether it came down far 
enough that it would conceal that bracelet from your ob­
servation? A. I do not recall.

Q. You have stated that after the plaintiff was put off 
the bus or went off, whichever she did, that she told you 
that that was what she wanted you to do— to mistreat her 
and scratch her and bruise her. A. That is what she told 
me.

Q. Well, now, did you mistreat her? A. I did not.
Q. Did you scratch her ? A. I did not.
Q. Did you bruise her? A. I didn’t bruise her.

J. B. Martin—For Defendant—Cross



141

Q. I f  you didn’t do any o f those things, what do you 
suppose she made that statement for? A. I wouldn’t know. 
I didn’t ask her.

Q. How far out of Cairo is the Ohio River Bridge be­
tween there and Wickliffe? A. I would say from the sta­
tion to the river bridge a couple of miles.

Q. And from the river bridge to Wickliffe? A. Probably 
five.

Q. The plaintiff had a ticket when she got on the bus, 
did she not? A. She had a ticket, yes, sir.

Q. You took up her ticket? A. Yes.

R ed ir ec t  exam in ation  by M r. W a ller .

Q. How far is it from Wickliffe, Kentucky, to Clinton, 
Kentucky? A. I don’t know exactly—probably 28 miles.

By the Court: 22 will get it.

Q. How far is it from Wickliffe, Kentucky, to Bardwell, 
Kentucky, the home of the Judge? A. I think our run 
shows 13 to 15 miles, something like that, from Cairo there.

Q. How far is it from Bardwell to Clinton, assuming 
that the Court was right a while ago when he said it was 22 
miles from Wickliffe to Clinton—it would be about 16 miles. 
A. Yes, sir.

Q. Mr. Martin, this run you were on and the plaintiff 
was on came from Wickliffe to Paducah by way of Bard­
well, did it not? A. Yes, sir.

Q. That was the regular run? A. Yes, sir.
Q. Mr. Martin, you testified that the divan at the back 

of these motor coaches of your company are raised some

J. B. Martin—For Defendant—Redirect



142

six inches above the aisle that affords passengers a means 
of travel between the two rows of seats of the bus, is that 
right? A. The seat is not raised up any higher than the 
other seats— it is all built on the same platform. There is 
a little trough down through there that is an aisleway that 
walks out.

Q. While it is true that this divan is six inches above the 
aisle, every seat in your bus number 346 or 347 is raised the 
same distance above the aisle, is it not? A. Yes, sir.

Q. Isn ’t it true that this divan at the rear and every seat 
in the bus are on the same level? A. They are on the same 
level.

Q. Is there any difference at all between the upholster­
ing, the padding, the curvature of the back rest of the divan 
at the rear of the bus and the other seats in front? A. None 
other than the back—you can’t let the back back on it, the 
seat is tin- cushion that you sit on is all the same.

Q. You never have the back of the divan to get down and 
you can’t get it up or get up and you can’t get it down? A. 
No, sir.

Q. It is just there all the time in a comfortable posi­
tion? A. Yes, sir.

Q. You heard the plaintiff testify about a conversation 
she had with you in your bus at Wickliffe, in which she 
enumerated in detail what you said and she said, and then 
what she said and what you said, did any of that occur 
other than what you have told the Court here? A. To the 
best of my knowledge not that I know of.

Q. I f  there is anything you left out of the conversation 
between you and her at any time, tell that to the Court now. 
A. It wasn’t any other than what I told.

J. B. Martin—For Defendant—Redirect



143

R ecr o s s  exam in ation  b y  M r. F ree la n d .

Q. Mr. Martin there is just one question I would like to 
ask yon. About these seats, these reclining seats, double 
reclining seats on each side of the bus—

Mr. W aller: Now, if your Honor please, I  think 
we have a right smart fun with these seats.

Mr. Freeland: I can appreciate counsel’s re­
luctance, but I don’t think it is clear.

By the Court: I don’t think it is either.
Mr. W aller: Of course, we have this afternoon to 

kill, I  guess.
By the Court: No, we are going to get through 

with this.
Mr. Freeland: We are going to get through

right now.
By the Court: Mr. Martin, the back of this seat, 

this divan seat has a straight back, doesn’t it?

A. No, sir, it is not straight, it is elevated.

By the Court: The back of it?

A. Yes, sir.

By the Court: What do you mean elevated?

A. It is not straight up that way.

By the Court: You mean it is slanted?

A. Yes, sir.
By the Court: Is it slanted in the same method 

and with the same mechanism that the reclining seats 
are?

J. B. Martin—For Defendant—Recross

A. Yes, sir, they are the same.



144

Mr. Freeland: Wait a minute. I don’t think he 
understood your Honor. May I question him just a 
moment.

Q. It is not adjustable, Mr. Martin, like a reclining seat, 
is it? A. I f those reclining seats was up in an upright 
position, like they are when—

Q. That isn’t what I asked you—is or is not the back 
of that divan adjustable? A. You can’t move it out of the 
bus—move it back to the rear.

Q. You cannot raise it or lower it? A. It is already.

By the Court: The backrest is not adjustable? 

A. No, sir.
Q. That is not the question I wanted to ask him. I want 

to ask you about these double seats. In one of these double 
seats, consisting of two seats, is there one cushion or two 
separate cushions side by side? A. There are two separate 
cushions.

Q. Now, on this back divan, is there just one cushion all 
the way across? A. Some of the busses and I believe some 
of them has separate cushions just like the other seats.

Q. I see. Some of them are one way and some the other. 
Do you recall about this bus? A. No, I don’t. I  have never 
been back there to look.

F. S. Keaton—For Defendant—Direct

F. S. K eaton was called as a witness for the defendant, 
and after having first been duly sworn, was examined and 
testified as follow s:

D irec t exam in ation  b y  M r. W a ller .

Q. What is your name? A. F. S. Keaton.



145

Q. Where do yon live? A. Jackson, Tennessee.
Q. How old are you? A. 51.
Q. Mr. Keaton, what is your employment ? A. I am em­

ployed by Southern Bus Lines, Incorporated.
Q. Is that the defendant in this litigation? A. It is.
Q. How long have you been employed with that com­

pany? A. Since the first of 1934.
Q. What is your position with them? A. I am Vice 

President in the company and General Manager of all of 
its operations East of the Mississippi River.

Q. Did you hold that position on May 6, 1946, and for 
some months prior to that time? A. I did.

Q. How long had you been manager of operations of 
your company East of the Mississippi River? A. Since 
December 1, 1945. I was an officer in the company prior to 
that, and had charge of our northern region, which regional 
office is located at Jackson, Tennessee.

Q. Mr. Keaton, I hand you a document that on the front 
page of it says, among other things, “  Southern Bus Lines, 
Inc., Rules and Regulations, Tariff No. 400-A ” , and so 
forth, and bears the legend “ Issued February 1, 1946 
Effective March 5, 1946” , and near the bottom of the page 
says “ Issued by 0. P. Cox, General Traffic Manager, 619 
Ardis Building, Shreveport, Louisiana ’ \ Will you tell the 
Court what that is? A. That is Rules and Regulations 
Tariff of Southern Bus Lines, Incorporated, which names 
the rules and regulations governing passenger traffic in 
connection with various tariffs on file.

Q. I will ask you if that is copy of the rules and regu­
lations on file by your company with Interstate Commerce 
Commission of the United States?

Mr. Freeland: I will object to that, your Honor 
please, I don’t think that is the way to prove that.

F. 8. Keaton-—For Defendant—Direct



146

By the Court: I don’t believe it is either.
Mr. W aller: You mean I can’t ask that ques­

tion?
By the Court: It is not a proper question because 

it is not the proper way to prove an excerpt of tariff 
on file with Interstate Commerce.

Q. Where did you get this ? A. I got that copy from the 
depot here in Paducah.

Q. What was it doing there? A. It was on file there 
with our other tariffs and regulations.

Q. Does this document have the approval of Interstate 
Commerce Commission?

By the Court: Now, Mr. Waller, the Interstate 
Commerce Commission issues regulations and I don’t 
believe you can prove a document other than by its 
submission.

Mr. W aller: I  don’t want to disagree with the 
Court, principally because it is always futile. How­
ever, this is a document that is required by law to be 
carried as the published tariff of this company at its 
various stations.

By the Court: You haven’t asked that. You have 
asked if this was approved?

Mr. W aller: That is right. I didn’t want you 
to think it was a phony one.

By the Court: Approved by the Interstate Com­
merce Commission. That is not a test by which you 
can prove or disprove the Interstate Commerce Com­
mission. They have a way of approving or disap­
proving over the official signature of their secretary.

Mr. W aller: I am not prepared to argue that to 
the Court, and I assume the Court is correct. How­

F. 8. Keaton—For Defendant—Direct



147

ever, I can get myself worked up to suggesting that 
the Interstate Commerce Commission’s orders bears 
certain authenticity of themselves without the seals,, 
and so on. A  published tariff, I think, doesn ’t have to 
have a seal on it. But I believe I can make this com­
petent otherwise.

By the Court: Let’s hear you try it.
Mr. W aller: I admit I am somewhat discouraged.

Q. Now, this document that I have here was gotten by 
you where? From where? A. From the local depot here 
in Paducah.

Q. Why is that carried in your depot here? A. Well, 
we are authorized by the Interstate Commerce Commis­
sion—

Mr. Freeland: I object to that.
By the Court: Go ahead, Mr. Keaton.

A. —as a common carrier of passengers in the State of 
Kentucky and other states over our system.

By the Court: What do you mean ‘ ‘ authorized ’ ’ ?

A. We are authorized by a certificate from those various 
regulatory bodies—

By the Court: You don’t object to the fact that 
they are a certificate for carrying of passengers? 

Mr. Freeland: No, sir.

A. —When we are certificated, that certificate requires us 
to meet the rules and regulations of the Interstate Com­
merce Commission and all the other regulatory State Com­
missions.

Q. Are you required and pursuant to that requirement 
do you keep in your various offices the terms upon which

F. 8. Keaton—For Defendant—Direct



148

passengers are carried under your franchise or certificate? 
A. We do in that order or certificate— our certificates are 
all on file.

Q, Is this the rules and regulations that are published 
by you and kept by you at your various offices including 
Paducah and Wickliffe in this area?

Mr. Freeland: I will object to that.
By the Court: Is that the tariff you mean?

A. In our depots— they are on file in our depots. All our 
tariffs and regulations are, subject to inspection.

By the Court: Gentlemen, we are wasting a lot 
of time here.

Mr. W aller: I am ready to prove it, if you will 
let me.

By the Court: I am going to let you.
Mr. Freeland: The Court understands I am still 

objecting.
By the Court: I understand and I think you are 

right, but I am going to' overrule it for the present.

Q. Is this a part of the tariff that you are required by 
law to keep at your various stations? A. It is the tariff 
we file to meet those rules and regulations of those regu­
latory bodies. The tariff is approved by those regulatory 
bodies and it is assigned a number which is the next number 
in sequence from previous tariffs.

Q. Is this tariff the one in effect on May 6, 1946, at 
Wickliffe? A. Yes, sir.

Mr. Freeland: The Court understands I am still 
objecting.

By the Court: Yes, sir, I understand you are 
objecting to each and every one.

F. S. Keaton—For Defendant—Direct



F. S. Keaton—For Defendant—Direct

Mr. Freeland: As long as they are on this line 
of questioning.

Q. I will ask you using this to refresh your recollection 
what were the rules and regulations as to seating passen­
gers of your company on May 6, 1946, in the vicinity of 
Wickliffe, Kentucky? A. I might quote Rule No. 15, sub­
heading (b )—

Mr. Freeland: I want to object to that on an­
other ground. This one is this—they have pleaded 
regulations relating to the seating of colored passen­
gers. There is no pleading at all about this regula­
tion, which, according to its terms, gives him the right 
to seat any passenger anywhere.

Mr. Waller: You are referring to paragraph 5.
Mr. Freeland: I am referring to what he is about 

to read here.
By the Court: I am going to overrule this, too. 

I am going to let him read this right now—go ahead.

A. —which reads ‘ ‘ This company reserves to itself full con­
trol and discretion as to seating of passengers and reserves 
the right to change such seating at any time during the 
trip.”

Q. Was that your published rule and regulation at that 
time? A. Yes, sir.

Mr. W aller: May I file this, sir?
By the Court: Yes, over the objection of the

plaintiff, subject to final competency.

(Document was marked Defendant’s Exhibit
1.)

Q. Mr. Keaton, how does your company instruct its 
drivers as to the handling of passenger public on their vari­



150

ous runs, that is, by writing, orally, or how? A. Well, we 
do both. We have rules and regulations for our operators 
and our drivers ’ supervisors particularly instruct all oper­
ators orally and, that is, individually and collectively, such 
as at safety meetings and other meetings of our company 
operators.

Q. Will you tell some of the instructions that your 
drivers have in the area of Wickliffe, Kentucky, with ref­
erence to handling of passengers and seating—

Mr. Freeland: I object, if the Court please. 
Many of those would have nothing to do with the 
issues.

By the Court: Let’s get down to those that are 
material in this situation.

Mr. Freeland: Further, w7e object to him telling 
about any instructions, written or oral—we object to 
him telling about any written instructions and we ob­
ject to him telling about any oral instructions unless 
he gave them himself or was present when given.

By the Court: It is the practice of the company 
—overruled. Overruled as to the question if you will 
narrow it down to the regulations involved in this 
particular matter. We haven’t got time to go into 
all the regulations issued by the company.

Q. All right, you answer what the Court wants. A. Do 
I understand you to mean the seating of all passengers or 
the seating of particular passengers?

By the Court: Seating of colored passengers.

A. In that territory colored passengers would be seated 
from the rear of the bus. White passengers would be seated 
from the front of the bus.

F. 8. Keaton—For Defendant—Direct



151

Mr. Freeland: The Court understands we object 
to that.

By the Court: Yes, I understand. You mean by 
that those are oral instructions given to the drivers?

A. That is generally and would apply at that point.

By the Court: What do you mean “ generally” ?

A. I mean those instructions are given to the operators 
generally, and it would apply to that point at Wickliffe. 
You asked that it be made specific at this particular place.

Q. Are you familiar with this bus—number 346 or 347? 
A. Yes, sir, I remember those busses as flexible busses, 29 
passengers.

Q. How many rows of seats are there on each side of the 
center aisle of those busses ? A. There are six double seats 
on each side of the aisle, making a total of 24 seats, or 12 
double seats, six on each side of the aisle.

Q. As an operator experienced in the handling of pas­
sengers on busses in the vicinity of Wickliffe, Kentucky, 
state whether or not in your opinion the seating of colored 
passengers from the rear forward and the white passengers 
from the front to the rear is a reasonable and necessary 
regulation and for the safety of your passengers?

Mr. Freeland: We object.
By the Court: Overruled.

A. It is. It is very necessary for the safety and the com­
fort and welfare of passengers, of all the passengers.

Q. I wish you would state what difference, if any, there 
is between accommodations so far as safety and comfort 
and convenience and in any other respect are concerned be­
tween the seats at the rear and those at the front of the bus? 
A. All the seats on that particular bus are on the same floor

F. 8. Keaton—For Defendant—Direct



152

level. The aisle is about six inches lower than the floor on 
which the seats are stationed. The first 24 seats, or 12 
double seats, in that particular bus, I believe are slightly 
reclining. The divan seat across the back is not reclining, 
but all the seats in my observation are apparently of the 
same materials and I believe that particular bus would 
carry head rest towels the same on the divan seat as it 
would on the aisle seats.

Mr. Freeland: I move to exclude that unless he 
knows.

By the Court: I  overrule it.

C ro ss  exam in ation  b y  M r. F ree la n d .

Mr. Freeland: Without waiving my objection, if 
the Court please.

Q. You have stated that your drivers have instructions 
generally have instructions to seat colored passengers to 
the rear and white passengers to the front of the bus? A. 
I said generally, yes.

Q. Are drivers in Illinois—

Mr. W aller: I object.
By the Court: Overruled.

A. Our drivers who drive in Illinois are the same drivers 
who may drive in Jackson, Tennessee, or Kentucky. In 
fact, we have schedules from Jackson, Tennessee, to St. 
Louis, and those drivers, as I say, would have general in­
structions at some time or other from the regional office.

Q. So the driver driving from St. Louis to Cairo, Illi­
nois, have the same instructions about the seating of colored 
passengers as those driving from Cairo South— or Paducah, 
or anywhere? A. You understand, I mean generally it is

F. S. Keaton—For Defendant—Cross



153

system wide. These drivers operate these runs on a seni­
ority basis. They don’t remain at one place all the time. 
They move into whatever seniority district is determined 
by.

Q. Yes, I understand that. But what you are saying is 
that all of your drivers at some time or other are instructed 
by the company that wherever they may be driving they are 
to seat colored passengers from the rear and white pas­
sengers from the front? A. I did not say that—wherever 
they are driving. I said that generally, system-wide, that 
they would have those instructions in a safety meeting or 
while the drivers are grouped and that is what I mean by 
generally they would have those instructions, but they might 
be driving at any one of the places or divisions that they 
may select according to their seniority with the company.

Q. But the instructions apply whether they are in Illi­
nois, Kentucky, Missouri, or wherever they might be? Is 
that correct? A. I wouldn’t say that. No, the instructions 
are not the same.

By the Court: Well, what are they?

A. Individual and particular instructions would be different 
from the general instructions.

By the Court: Your instructions to load white 
people from the front and colored pepole from the 
rear, to what extent does that apply and over what 
territory is it applicable?

A. That is applicable through the territory South of the 
Ohio River.

By the Court: And not in the territory North of 
the river?

F. 8, Keaton—For Defendant—Cross

A. Yes.



154

Q. So your driver, Mr. Martin, is in error then when he 
states he thinks there is no difference in instructions given 
him about the way to seat passengers in Illinois and the 
way to seat them South of the Ohio River? A. I didn’t 
hear him say that.

Q. But if he did say that, he is mistaken, is that right? 
A. Well, whatever the record shows on it.

By the Court: It is a matter of argument, Mr. 
Freeland. Mr. Martin said one thing and Mr. Keaton 
another—it is a difference between the two men.

Q. It is true about these busses that the rear seat, the 
hack is not adjustable? A. It is not a reclining seat, no, 
sir, it is a divan seat and in that bus, I believe, holds five 
individual seats.

Q. And the back is not adjustable? On any of the 
busses? A. I am afraid you are not getting to the con­
struction of it. As far as a passenger reclining himself, 
as one of five there he could not do it, but the seat is not 
absolutely stationary. It is movable and is not reclining, 
as I said a while ago.

By the Court: Well, now, Mr. Freeland, it is not 
a reclining seat. Is that all you want? Stand down.

Martin Robinson—For Defendant—Direct

Martin Robinson was called as a witness for the defen­
dant, and after having first been duly sworn, was examined 
and testified as follows:

D ire c t  exa m in a tion  by M r. W a ller .

Q. Please state your name. A. Martin Robinson.
Q. How old are you, Mr. Robinson? A. 56.



155

Q. Where do you live? A. Wiekliffe, Kentucky.
Q. What is your occupation? A. Now, I am working at 

a pottery shop, at the present time, I am.
Q. What was your employment May 6, 1946? A. City 

Marshal.
Q. Of what city? A. Wiekliffe, Kentucky.
Q. How long had you held that position? A. Three and 

a half years.
Q. Are you what is known in that section as “ the law” ? 

A. Yes, sir, city law.
Q. Mr. Robertson, on the morning of May 6, 1946, were 

you called to the bus station o f the Southern Bus Lines, 
Inc., in Wiekliffe? A. Yes, sir.

Q. Who called you? A. Mrs. Swain.
Q. Did you go immediately there ? A. As soon as I got 

on my clothes—  I were in the bed.
Q. When you got there, what did you find was the 

trouble? A. A  lady didn’t want to get moved back to the 
back end, a colored lady.

Q. Was that this plaintiff here? A. That favors her.
Q. How was she dressed? A. Best I remember she 

had on a slack suit.
Q. You mean shirt and breeches? A. That is right.
Q. Come clear down to the shoe tops? A. Well, yes.
Q. Mr. Robinson, where was she seated in the bus—in 

what part of the bus? A. About the third row of seats 
back from the driver.

Q. The third row of seats back from the driver. Did 
you go in there and talk to her? A. I did.

Q. Tell the Court what you said to her and what she 
said to you as nearly as you can. A. Well, all I said to her, 
I asked her to get back, the driver had told me that she 
wouldn’t get back. I asked her why she wouldn’t get back.

Martin Robinson—For Defendant—Direct



156

She said she had as much right to ride up there as anyone. 
I called the driver in then and talked to him. He said he 
wanted to put her off, and I told him he would have to get 
her her fare back if I had anything to do with putting her 
off.

Q. Did he do that? A. He did. He gave her a ticket 
hack. Of course, I never looked at the ticket.

Q. Now, what did you do and say and what did she do 
and say? A. She refused and I told her she would either 
have to get off or get hack— everybody else rode back there 
in the way of colored folks, and she wasn’t any better than 
anyone else, and she would have to get off or get back.

Q. What did she say she would do? A. Finally agreed 
to get off.

Q. Did she get off? A. By us leading her.
Q. Leading her—now tell what you did. A. Well, I had 

hold of her right arm, best I remember, and the bus driver 
had hold of her left arm. He was ahead of her, I was be­
hind her, and we led her off.

Q. She never did decide to go off of her own accord? 
A. Oh, no.

Q. Did you twist her arm or bruise her? A. No, sir.
Q. Did you at any time have hold of her—you say you 

had her right wrist? A. I think it was the right wrist.
Q. Did you ever have hold of any other part of her 

body? A. No, sir.
Q. What part of her body did Mr. Martin have hold 

of? A. He had hold of her left wrist.
Q. Did he have hold of any of the rest of her? A. No, 

sir.
Q. She claims she had bruises on her shoulder. Did you 

have any contact with that shoulder? A. None whatever.
Q. Did Mr. Martin? A. No, sir.

Martin Robinson—For Defendant—Direct



157

Q. She claims she had a bruised place on the inside of 
her left leg about the knee, did you make that? A, No, sir.

Q. Did Mr. Martin? A. Not while I was there.
Q. Did you grasp her wrist hard enough to make it turn 

blue or bruise it or anything? A. No, sir, just held her 
tight enough to keep her from jerking loose from me.

Q. Did you man-handle her? A. Nothing only just led 
her along. She didn’t want to get off but she never tried 
to fight except she tried to bite him once.

Q. Did you look over the bus and see whether the ac­
commodations were better or worse in one part of the 
bus than another? A. Well, no, not in particular in that 
respect. Do you mean in the load balance?

Q. In any respect? Upholstering, comfort, ventilation, 
convenience and so on.

Mr. Freeland: I think I will object to him tes­
tifying as an expert, transportation expert.

By the Court: Overruled.

A. Nothing only this lady being a colored lady and she was 
setting up there amongst the white folks, that was the only 
thing, and everybody, all the colored folks had been riding 
in the back end of the bus, that is, in the rear part of the 
bus always down the line.

Mr. Freeland: I believe I will move to exclude 
that.

By the Court: Overruled.

Q. Mr. Robinson, you say that in the vicinity down 
there it has always been customary for the white passen­
gers to ride in the front part of the bus and the other pas­
sengers the back part? A. That is right.

Martin Robinson—For Defendant—Direct



158

Mr. Freeland: Believe I will object to the custom.
By the Court: I don’t think the custom has got 

a thing in the world to do with this, Mr. Waller.
Mr. W aller: I f  you try to run a bus contrary to 

custom in the realm it is operated in, you will find 
out.

By the Court: No—there is a law, too.
Mr. W aller: You can’t use law in this situation.
Mr. Freeland: I want to object to that statement. 

That is why we are here.
Mr. W aller: I mean by that this is not a matter 

regulated by law.
Mr. Freeland: What are we doing here then!
By the Court: That is, I understand, the purpose 

of this law suit to determine whether it is or not con­
trolled by operation of law.

Mr. W aller: That is right, sir, whether this com­
pany can legally do this under the law.

Mr. Freeland: Now you are talking about regu­
lations, you were talking about customs. I am object­
ing to the testimony about customs.

By the Court: I am going to sustain it.
Mr. Waller: All right. Exceptions.

Q. Mr. Robinson, assuming that you are an experienced 
peace officer in the vicinity of Wickliffe, Kentucky, do you 
think it is conducive to the safety of the traveler in that 
section that the busses of this defendant be loaded and 
operated on the general plan of colored passengers going 
to the rear and white passengers going to the front?

Mr. Freeland: Object, if your Honor please.
Among other things, all the jurisdiction he has ever 
had is in the town of Wickliffe.

Martin Robinson—For Defendant—Direct



159

By the Court: I  believe a peace officer in a town 
or vicinity or particular section wouldn’t be qualified 
to pass upon what is or is not conducive to safety in 
the operation of a bus. Sustain the objection.

Q. Mr. Robinson, assuming that the defendant is charged 
by law in carrying the passengers on this line safely into, 
out of and through Wickliffe, Kentucky, do you think that 
a regulation of the company that the white passengers be 
loaded to the front of the bus and colored passengers to the 
rear of the bus is a reasonable and proper regulation, that 
is, one that aids in the safe transportation of passengers?

Mr. Freeland: Object.
By the Court: Same question.

Q. Do you think that the loading of passengers on busses 
in Western Kentucky where they mingle and sit indis­
criminately would tend to create any disturbance or dis­
order among the passengers ?

Mr. Freeland: I will object to that because,
among other things, because he testified they never 
do that.

By the Court: That strikes me as the same ques­
tion.

Mr. Waller: I didn’t think you were ruling on 
that basis. I thought you were objecting because he 
is not a transportation man.

By the Court: I sustained the objection first as 
to transportation. Now you are asking him whether 
or not permitting white and colored passengers to 
sit together would tend to promote unsafe conditions 
and Mr. Freeland objected to that. I sustain the ob­
jection.

Martin Robinson—For Defendant—Direct



160

C ro ss  exa m in a tion  b y  M r. F ree la n d .

Q. Mr. Robinson, you didn’t arrest her for anything, 
did yon? A. No, I didn’t.

Q. You didn’t have any warrant charging her with any­
thing, did yon? A. No, I didn’t.

Q. You did not consider that you were subjecting her 
to any legal process at all? A. That is right.

Q. As far as you know she was not violating any laws 
at that time?

Mr. W aller: I object—this suit isn’t for violat­
ing any law.

By the Court: But here is an officer who assisted 
in taking the passenger off of this bus. Now, the 
inquiry is whether she committed any violation of 
the law.

Mr. W aller: I want to ask the next question and 
he will object to it.

By the Court: I don’t know whether it will be 
the next one or not.

Q. She has not as far as you know violated any law? A. 
Well, no.

R ed ir ec t  exa m in a tion  b y  M r. W a ller .

Q. Mr. Robinson, how long have you lived in Western 
Kentucky and in the vicinity of Wickliffe? A. Practically 
all of my life.

Q. I will ask you if during the last several years, in fact 
for many years, if it has been the custom of all bus lines 
operating in and through Wickliffe and Western Kentucky 
to seat the passengers as follows—colored passengers go to

Martin Robinson—For Defendant—Cross-—Redirect



161

the rear of the bus and fill up toward the front, and white 
passengers go to the front and fill up toward the rear.

Mr. Freeland: I will object.
By the Court: I will sustain it. Mr. Robinson, in 

the question Mr. Waller asked you, would your opin­
ion be based upon any experience that you have ever 
had in operating or extensively traveling by bus in 
that section! Or would it be just an opinion that you 
would have from observing the busses as they came 
in and went out from Wickliffe?

A. Well, experience and traveling in and out of Cairo and 
around Wickliffe, and in and out of Ballard County, and 
out of Ballard County.

By the Court: How long have you been riding 
busses in and out of Wickliffe and in the vicinity of 
Wickliffe and Cairo and the points you referred to !

A. Oh, for 20 years.

By the Court: During that time you mean that 
you have observed the method of seating the pas­
sengers !

A. Not necessarily. Only just seeing that happen—it has 
been always done through Wickliffe and around through 
that place. I don’t know whether it is a law.

By the Court: But your observation is what has 
prevailed when you were traveling as a passenger 
on busses which you say you have done rather ex­
tensively over a period of 20 years and in that par­

Martin Robinson—For Defendant—Redirect



162

ticular section you have observed that the colored 
people generally are seated in the rear and the white 
people in the front?

A. That is right.
Mr. Freeland: Judge, I don’t know whether I

can object to a question that you are asking or not.
By the Court: Tes, Mr. Freeland, you can ob­

ject if you want to.
Mr. W aller: Do you now hold that he may or 

may not answer?
By the Court: He has answered the question.
Mr. W aller: He has answered your question. I 

want to ask him another one.
Q. Mr. Robinson, as one familiar as the general public 

is familiar with the customs and practices of seating pas­
sengers in busses over a long period of years in Western 
Kentucky, including Wickliffe and vicinity, I will ask you 
if that custom of seating passengers in busses is so gener­
ally known as to—-is generally known and is a matter of com­
mon knowledge to all people of this section?

Mr. Freeland: Object.
By the Court: I  sustain the objection.
Mr. W aller: Instead of making an avowal, may 

he not just answer it?
By the Court: Yes. Answer the question for the 

record.
A. Well, I  guess you better let him ask me that question 
again. I was waiting and I thought you would sustain it. 
I might not know what I was going to answer.

(Reporter reads question.)

Martin Robinson—For Defendant—Redirect

A. It is.



163

Q. Now, Mr, Robinson, the plaintiff has testified that 
Mr. Martin, the driver, threw her luggage off the bus. Tell 
whether he did or not? A. Don’t think he did. Didn’t 
while I was there.

Q. Did you see any luggage taken off the bus that be­
longed to the plaintiff? A. All she had was a little small 
box and a magazine. She taken that off with her. She 
asked to pick it up and we let her pick it up and she taken 
it off with her.

Q. She did that at the time all three of you were going 
off the bus? A. That is right.

Q. Now, did you later, immediately after that, see the 
driver deliver any luggage to her? A. Taken it out of the 
compartment and set it on the walk.

Q. Where was she with reference to where he sat it? 
A. As far as from here to that table there.

Q. About how many feet would that be? A. About 12 
feet.

F. 8. Keaton—For Defendant-—Direct

F. S. K eaton was recalled as a witness for the defen­
dant, and was examined and testified as follow s:

D irect exa m in a tion  b y  M r. W a lter .

Q. Mr. Keaton, you have already testified as to your 
experience in the transportation of passengers by motor 
bus in Kentucky, Illinois, Missouri, Tennessee, so forth— 
not all of Missouri, but east of the Mississippi River. I will 
ask you if as one experienced in that field of endeavor you 
will state to the Court whether or not the loading of pas­
sengers on the plan of colored passengers going to the rear 
of the bus for their seats and seating forwai’d, and the white 
passengers taking seats from the front toward the rear is



164

in your opinion a reasonable and necessary method of load­
ing and transporting passengers? A. It is.

Mr. Freeland: I want to object.
By the Court: I understand—you are objecting.

Q. I will ask you if in your opinion that method of seat­
ing and transporting passengers is one that is necessary in 
your opinion for the safe transportation of the traveling 
public in Western Kentucky? A. It is.

Mr. Freeland: Object.
By the Court: Overruled.

Q. Mr. Keaton, how long has it been the general custom 
of the bus companies operating in Western Kentucky to 
load and seat and transport their passengers on that plan 
and in that way?

Mr. Freeland: Object.
By the Court: Overruled.

A. To my knowledge it has been the practice since we first 
came into that territory which I believe was in September, 
1939.

Q. I will ask you to please state whether or not in your 
opinion that regulation of the bus companies of loading and 
seating and transporting its passengers on that plan has 
been so universally followed by the bus companies as to 
have become on and prior to May 6, 1946, a matter of com­
mon knowledge among the people who have lived in Paducah 
and other West Kentucky places in the last six years?

Mr. Freeland: Object.
By the Court: I am going to permit him to an­

swer. Go ahead.

F. 8. Keaton—For Defendant—Direct



165

A. Yes, sir, when our passengers board our coaches it is, 
we observe, it is the practice of the people to voluntarily 
seat themselves in that manner, both the whites and the 
colored.

Mr. Freeland: I move to exclude that.
By the Court: Overruled.

A. — It is our duty as common carrier, as a public utility 
to at all times keep our coaches under control as to com­
fort, security and safety of all passengers and the seating 
from the front of the white people and the seating from 
the rear of the colored people has been a practice which 
we believe has been conducive to all people riding the busses, 
which is, as I said, the busses are a common carrier for the 
public.

Q. Mr. Keaton, as an experienced motor bus operator 
over a long period of years, state whether or not that regu­
lation of loading and transporting passengers, colored at 
the rear and white at the front, has been acceptable to both 
white and colored!

Mr. Freeland: Object.
By the Court: I am going to let him answer it 

for the record.

A. That has been, as I said, a favorable practice and has 
been, we believe, favorable to all our passengers, to their 
safety.

C ross  exam in ation  by M r. F ree la n d .

Mr. Freeland: The Court understands I am not 
waiving my objections.

By the Court: I  understand.

F. 8. Keaton—-For Defendant—Cross



166

Q. You have stated that the regulation the company is 
supposed to have about seating of colored passengers from 
the rear and white passengers from the front is necessary, 
reasonable and conducive to the maintenance of safety on 
the bus lines in Western Kentucky where you say it is ap­
plicable, is that your testimony? A. I don’t know it is ex­
actly what I said. It is that in substance.

Q. All right.

(At request of Mr. Waller, reporter read above 
question and answer.)

Q. Now, Mr. Keaton, that regulation is not in effect just 
across the river in Southern Illinois where you operate, 
is it?

Mr. Waller: Your Honor, please, I object to that.
By the Court: Your objection will be noted. Go 

ahead.

Q. That regulation is not in effect just across the river 
in Southern Illinois, is it? A. No, sir, I  don’t believe it is.

Q. Don’t you know? A. As I said before, our instruc­
tions to our operators are general and I think that I said 
those operators are not confined to Illinois, and they would 
have these instructions over the territory of the system.

Q. The instructions being that colored passengers will 
be seated from the rear and white passengers will be seated 
from the front. Do I understand you now to say those 
regulations are applicable at least sometimes in Illinois? 
A. No, I  haven’t said that.

Mr. Freeland: Did your Honor understand that ? 
He said they were generally applicable.

F. S. Keaton—For Defendant—Cross



167

A. I went on and explained that those operators operate 
other than in Illinois, and that w*as not a specific rule for 
Illinois.

Q. Well, what is the rule as to Illinois for the seating of 
colored and white passengers ? A. I think there is a statute 
in Illinois on intrastate passengers.

Q. What is yonr company’s rule? A. That passengers 
boarding our coaches in Illinois may choose their seats and 
sit in any seat that they are able to secure voluntarily, but 
the rule of the company generally is to reserve the right to 
seat its passengers or to change the seating of its passen­
gers during the trip.

By the Court: Mr. Keaton, his question to you 
is—you have said that your company gave your 
drivers instructions to seat the white people to the 
front—from the front toward the rear and colored 
people from the rear toward the front, that is true, 
is it?

A. Yes.

By the Court: Now, do you give that instruction 
to your drivers who drive in Illinois?

A. I am afraid you don’t understand me on that. The gen­
eral instructions to all drivers is that, but that would apply 
more particularly to the operations South of the Ohio River 
and I think I so stated that.

By the Court: Why? If your instructions are 
generally in the aid of safety, comfort and con­
venience of the passengers, why would it promote 
safety, convenience or comfort more in Western Ken­
tucky than it would in Illinois?

F. 8. Keaton—For Defendant—Cross



168

A. Because the people South of the Ohio River who ride 
our busses are accustomed to that practice and, as I said, 
they voluntarily seat themselves in that manner, but the 
people North of the Ohio River are generally accustomed 
to the colored people sitting in any seat in the bus and, 
therefore, that practice governs our operations North of 
the Ohio River.

By the Court: Of permitting them to sit indis­
criminately in the bus!

A. That is right. We do not discriminate against the col­
ored people.

Q. North of the Ohio River? A. We don’t discriminate 
against them South of the Ohio River.

Q. You just make them sit in the back?

Mr. W aller: I object.
By the Court: That is a proper question, Mr.

Waller—make them sit in the back— that is what the 
driver’s intention was when he asked this girl to 
move back.

Mr. W aller: I don’t so much object to the ques­
tion as to the grin.

By the Court: I can’t prevent Mr. Freeland’s 
grin.

Mr. Freeland: The record will not show the grin.
By the Court: I f  it will be any comfort to you, 

I will sustain the objection, but I don’t know whether 
that will prevent its repetition. Go ahead.

Q. The gist of the whole thing, Mr. Keaton, is this— 
that your company believes that that regulation is salutary 
South of the Ohio River because it has always had it in 
force, and you have never tried to operate without those

F. S. Keaton—For Defendant—Cross



169

regulations or requirements, whatever they are! The com­
pany has never made any effort to see what would happen 
if they did operate without that so-called regulation? A. 
No, we are following the practice there of the people gen­
erally. We are not discriminating against colored people 
in any section. The practice is that they voluntarily board 
those busses and find their seats.

Q. And if they don’t you put them where they belong, 
is that right? A. That is the substance—that is the in­
structions to our drivers when that is necessary.

Q. But you never have operated without those instruc­
tions and so you don’t know what would happen if you 
were to abandon the practice?

By the Court: I  don’t think we need to get into 
any speculation.

Mr. Freeland: For the purpose of avowal, may 
I ask him?

By the Court: Yes, you may for the purpose of 
the record.

Q. Do you know what would happen actually?

Mr. Waller: What was that?
Mr. Freeland: I asked him—he has testified that 

the company has never operated without that regu­
lation, has always had it South of the River.

Mr. W aller: So what was your question?
Mr. Freeland: I asked him if he knew actually 

how they would get along without it.
By the Court: I  sustain the objection and he

can answer for avowal.

Q. You don’t actually know, do you? A. No, I don’t 
know what would happen, but I do know the custom of the

F. 8. Keaton—For Defendant—Cross



170

people who ride by bus generally, as it is now being prac­
ticed, since we have been in that territory.

R ed ir e c t  exam in ation  b y  M r. W a ller .

Q. Out of your experience as a transportation man, 
would you express an opinion as to whether or not the fol­
lowing of that custom or practice and the maintenance of 
that regulation is a necessary thing in the safe transporta­
tion of the traveling public?

Mr. Freeland: Judge, he has asked him that
several times.

By the Court: Mr. Waller, that is repetitious. I 
am going to let it ride this last time.

Mr. Freeland: This is the third time.
By the Court: I know it. It is just pure repe­

tition.
A. I think it is necessary and there is a reason for our so 
instructing our operators and for our rules and regulations. 
I might add the same is true in the seating of white people 
themselves by reason of various handicaps, workers, com­
muters, etc., our drivers are instructed to re-seat those 
people at places on the bus where the same practice, com­
fort or security would apply. Same applies to children. 
If a lady gets on our bus with two children and the front 
seat is taken, our operator asks that lady to sit in another 
seat because of the hazard of those children standing and 
for quick stops would be injured against the front of that 
bus—have no protection on that seat. If there is no other 
seat she can have—other seats in the bus— our operator will 
ask some other passenger to exchange seats with her. The 
same is true of baggage inside the bus. Our operator, even

F. 8. Keaton—For Defendant—Redirect



171

though a passenger will put baggage right over her seat, 
if that is not secure place for that piece of baggage, he will 
move it, maybe to the back, to keep it from falling and in­
juring people on the bus. Those are rules of our company 
the same as this rule for safety, security and seating of the 
passengers.

Jess Sullivan—For Defendant—Direct

Jess Sxjllivan was called as a witness for the defendant, 
and after having first been duly sworn, was examined and 
testified as follow s:

D ire c t  exam in ation  b y  M r. W a ller .

Q. State your name. A. Jess Sullivan.
Q. Your age? A. 50.
Q. Your residence? A. Wickliffe, Kentucky.
Q. And your employment? A. Sheriff of Ballard 

County.
Q. You are Sheriff of Ballard County, Kentucky, and 

how long have you been Sheriff this time? A. This last time 
almost a year and a half.

Q. Were you ever Sheriff of Ballard County before the 
present term? A. Twice before.

Q. When were those terms? A. 1926 to 1930 and 1934 
to 1938.

Q. Under the laws of Kentucky a Sheriff can’t succeed 
himself, is that right? A. Yes.

Q. You have to let somebody else have it. Mr. Sullivan, 
how long have you lived in Ballard County, Kentucky, of 
which Wickliffe is the county seat? A. All my life.

Q. I will ask you if you are familiar with the practice 
of the bus companies operating in Western Kentucky as to



172

their method of loading and seating and transporting white 
and colored passengers? A. Well, I think so.

Q. How do they all load them?

Mr. Freeland: Object.
By the Court: Overruled for the present.

A. It is just an old custom— colored folks always take the 
back seat and white folks in front. Always been a ruling 
that the colored folks take the back seat and the white folks 
in front when they cross the Ohio River. We never have 
any trouble with them hardly ever—but it has always been 
a custom, been a ruling for years in Western Kentucky.

Q. Are you familiar with the customs and practices of 
the traveling public and the bus companies that transports 
them in Western Kentucky?

Mr. Freeland: All of them—I object to that.
By the Court: Generally—I think I know the

purpose—overruled.

(Reporter read question back.)

A. Yes, ma’am, I think so.
Q. Well, what is it?

Mr. Freeland: I want to object to that as being 
too indefinite.

By the Court: He is talking about all bus com­
panies, if I understood his question.

Mr. Freeland: And all the customs and practices. 
By the Court: The custom of seating colored per­

sons in the rear and white people in the front, is that 
your question?

Mr. W aller: Yes, that is right.
By the Court: Objection overruled.

Jess Sullivan—For Defendant—Direct



173

A. That is the custom for seating colored folks in the back 
and white folks in the front.

Q. Mr. Sullivan, in your opinion, has that practice been 
so long observed that all persons living in Western Ken­
tucky, whether at Paducah, Wickliffe, or elsewhere, are fa­
miliar with that custom and that method of the bus com­
panies loading and transporting their passengers?

Mr. Freeland: Object.
By the Court: I agree with you. Answer.

A. I think so. I think everybody is familiar with that.
Q. Mr. Sullivan, have the bus companies and the public 

been so long accustomed to the colored people being seated 
at the rear of the bus and white people at the front that 
that method of transporting the public is a matter of uni­
versal and common knowledge among the people of this 
section of Kentucky? A. I think so. I think it is.

By the Court: Do you want to cross examine? 
Mr. Freeland: No, sir.

Mildred Swain—For Defendant—Direct

M ildbed S w ain  was called as a witness for the defen­
dant, and after having first been duly sworn, was examined 
and testified as follow s:

D irect exam in ation  b y  M r. W a ller .

Q. Is your name Mildred Swain? A. Yes, sir.
Q. You live at Wickliffe, Kentucky? A. Yes.
Q. How old are you, Miss Swain? A. 34.
Q. How long have lived in Wickliffe? A. 27 years.
Q. Do you have any connection at all with the Southern 

Bus Lines, Incorporated, the defendant in the suit? A. I am 
their agent.



174

Q, At Wickliffe, Kentucky? A. Yes, sir.
Q. I believe your mother operates the Swain Hotel? A. 

Yes.
Q. And you assist in that, or participate in that? A. I 

do.
Q. I believe the lobby of your hotel is the station or 

ticket office of all the bus lines that enter Wickliffe? A. We 
have a separate room for the bus station—for the waiting 
room for all of them.

Q. All of them have you for agent? A. Yes.
Q. Are there more than two? A. There is the Grey­

hound and Southern Bus Lines and Gulf Transport, we have 
three.

Q. Are you familiar with the rule of the Southern Bus 
Line as to seating and loading of the passengers, white and 
colored? A. Other than from observation I have noticed 
usually the colored people sit in the back and the white in 
the front.

Mr. Freeland: The Court understands I am still 
objecting.

By the Court: Yes, sir.

Q. Would you say you have had sufficient experience and 
observation of the carriage of passengers by motor bus that 
you would know whether or not that regulation and rule is 
universally known among the people of Western Kentucky? 
A. Around Wickliffe I know that it is known. I wouldn’t 
know about Western Kentucky, but around Wickliffe it is 
known.

Mr. Freeland: I move to exclude that. It is not 
responsible.

By the Court: That is additional grounds?
Mr. Freeland: Yes, sir.

Mildred Swain—For Defendant—Direct



175

Q. Do you ever ride the busses out of Wickliffe and 
back? A. Yes, sir.

Q. Where do you go? A. I go to Paducah, Cairo and 
St. Louis.

Q. How long have you been riding the busses in and out 
of Wickliffe? A. About ten years I would say.

Q. And how frequently? A. On the average of once a 
week.

Q. I will ask you if in Paducah and the other towns that 
you are in frequently there is a universal knowledge in your 
opinion among the people that the regulations of the South­
ern Bus Lines are that colored passengers be seated from 
the rear forward and white passengers from the front to­
ward the rear?

Mr. Freeland: Object.
By the Court: Mr. Waller, do you mean they have 

a knowledge of the regulation or the practice?
Mr. W aller: Did I say regulation? I mean prac­

tice.
Mr. Freeland: I still object.
By the Court: I understand. I am going to per­

mit her to answer.

A. I notice they usually, they always ride in the back, the 
colored people do, and the white people in the front.

Q. Did you see any of this trouble between the driver 
and the plaintiff? A. No, not until the passenger was off 
the bus.

Q. Did you talk to the plaintiff after she came off the 
bus? A. Yes.

Q. Where did you talk to her? A. In the bus station— 
in the waiting room.

Mildred Swain—For Defendant—Direct



176

Q. How long did yon talk with her? A. Just a few 
minutes. I would say between five and ten minutes, be­
cause that is as long as she waited for another bus.

Q. Was she hurt? A. She didn’t say anything about 
being hurt.

Q. Did she complain at all of shoulder, back, wrists or 
legs? A. No.

Q. Did you observe any scratches or bruised places on 
her? A. No.

Q. Did you observe any abrasions? A. No, sir.
Q. Did she complain of any of those? A. Not to me.
Q. Were her clothes disheveled or torn in any way? A. 

Not noticeable. I didn’t notice it.
Q. Did she tell you of any? A. No, she didn’t.
Q. Did she tell you or did you see a purse that had a 

strap broken? A. No.
Q. Did she have a purse with her? A. I don’t remem­

ber.
Q. Did you see her luggage taken from the bus? A. I 

saw her luggage on the sidewalk.
Q. Did you see it put there? A. No, sir.
Q. How far was she from it? A. When I looked out 

she was in the bus station and the luggage was out on the 
sidewalk. That is where the drivers set all the luggage.

Q. Was hers with the others? A. That was the only 
luggage there that morning.

Q. Did plaintiff say anything about her back hurting 
her? A. No.

C ro ss  exam in ation  b y  M r. F ree la n d .

Q. Miss Swain, you have testified that the plaintiff did 
not say anything to you about being hurt, was she crying

Mildred Swain—For Defendant— Cross



177

at any time that you saw? A. I don’t remember about that. 
I f  she was, it wasn’t to the extent that it was very notice­
able.

Q. Could you tell whether she had been crying! A. 
I couldn’t tell.

Q. You saw five minutes all together? A. Between 
five and ten minutes, just while she waited for the other 
bus.

Q. You did not see her being ejected from the Southern 
Bus Lines? A. No.

Q. You testified you did not see any abrasions or 
bruises. What sort o f clothes was she wearing? A. As 
I remember she had on slacks.

Q. Did she wear a jacket with the slacks? A. I don’t 
know about that.

Q. Do you recall whether she wore a jacket with sleeves ? 
A. No, I don’t.

Q. You wouldn’t necessarily have seen any bruises she 
might have had if they were covered by her clothes? A. 
No, not unless she mentioned it to me.

Q. Of course, sometimes it requires a little time for those 
to appear even after one has been subjected to a blow or 
pressure? A. That is true.

Q. Do you recall telling her she ought to try to get her­
self together and calm herself down? A. Yes, I  did tell her 
that.

Q. Was she crying then? A. I don’t know whether she 
was crying or not, but she was upset— she told me she was.

R ed irec t exam in ation  by M r. W a ller .

Q. I show you Defendant’s Exhibit No. 1 and ask if 
there is a tariff just like this in the office of the Southern 
Bus Lines at Wickliffe, Kentucky?

Mildred Swain—For Defendant—Redirect



178

Mr. Freeland: Object.

A. I am quite sure there is. I will look at it. Yes.
Q. Was it on record in your office and open to public 

inspection on May 6, 1946, and some prior months there­
to?

Mr. Freeland: I think I will object to that, too. 
For one thing, the plaintiff didn’t have an opportun­
ity to look at tariff in Wickliffe until she was thrown 
o f f .

By the Court: Overruled for the purpose of
getting it in the record.

A. Yes.

L. E. Carter-—For Defendant—Direct

L. E. Carter was called as a witness for the defendant, 
and after having first been duly sworn, was examined and 
testified as follow s:

D ire c t  exa m in a tion  b y  M r. W a ller .

Q. State your name. A. L. E. Carter.
Q. How old are you? A. 62.
Q. Where do you live? A. Down near Hinkeyville, 

Kentucky, in Ballard County.
Q. Do you hold any public office in Ballard County? A. 

Yes, sir.
Q. What is it? A. County Judge.
Q. How long have you been County Judge? A. Since 

January of ’46.
Q. Did you hold any public office prior to January, ’46. 

A. Sheriff.
Q. You were Sheriff of Ballard County? A. Four years 

—from 1942 to ’46.



179

Q. Did you every hold any public office in that county 
before then! A. Road Engineer.

Q. Judge Carter, how long have you lived in Ballard 
County? A. All my life.

Q. Are you familiar with the people and. their customs 
and methods of living in that section of Kentucky? A. I 
think I am.

Q. Do you know what the practice of the Southern Bus 
Lines and, in fact, all bus lines has been in Western Ken­
tucky as to loading, seating and transporting of passengers, 
colored and white?

Mr. Freeland: Object.
By the Court: Overruled for the purpose of

record.

A. I understand they try to keep them separated as much 
as possible in the busses— colored in the rear and white in 
the front.

Q. Do you think that out o f your experience as a public 
officer that is a reasonable and reasonably necessary prac­
tice and regulation of the company in transporting passen­
gers?

L. E. Carter—For Defendant—Direct

Mr. Freeland: Object.
By the Court: Overruled.

A. I do.
Q. And why ? A. To avoid trouble that is liable to arise 

if you mix them, especially in Kentucky.
Q. Do you think it is conducive to the safe transporta­

tion of passengers that they load and transport them in that 
way? A. I think it is.



180

C ross  exa m in a tion  b y  M r. F ree la n d .

Mr. Freeland: Without waiving my objection,
your Honor.

Q. Judge, you have stated in your opinion this regula­
tion is reasonable and that it aids in avoiding trouble. You 
mean by that friction or difficulties that might arise between 
passengers of different races on the bus lines'? A. That is 
right.

Q. You are right well acquainted in Southern Illinois, 
aren’t you? A. Fairly well.

Q. They are pretty much the same kind of people over 
there that we have down here in Western Kentucky? A. I 
judge they might be the same kind of people.

Q. They don’t have any such custom as that in Illinois, 
do they? A. I don’t think they do.

Q. They don’t have any undue amount of trouble you 
ever heard of either, do they? A. I f  they have, I haven’t 
heard of it.

Q. But you think they possibly would have in Western 
Kentucky if it were not for observance of this regulation? 
A. Yes, I do.

Q. So far as you know there has been no attempt made 
by any bus company to operate without this regulation? A. 
How is that?

Q. As I understand it, you testified that the bus com­
panies all observe this regulation in Western Kentucky. So, 
nobody knows and certainly you don’t know as a matter of 
fact what actually would happen if they didn’t? A. No, 
I wouldn’t know.

L. E. Carter—For Defendant—Cross



181

Rebuttal-

Mary Elizabeth W hiteside was called in rebuttal by 
counsel for the plaintiff, and testified as follows:

D ire c t  exam in ation  by M r. F ree la n d .

Q. Miss Whiteside, it was testified by the driver o f the 
bus, Mr. Martin, that when he told you upon your refusal 
to move upon his instructions that if you did not do so, he 
would call the law and you told him that you didn’t care 
whether he did or did not call the law. Did you make that 
statement to him or not ? A. When he told me I would have 
to move to the rear of the bus and I asked him why, he said 
it wras because he said so.

Q. That is not what I asked you. A. And he said if you 
don’t move to the rear I will call the Deputy Sheriff. He 
said that after I told him I wouldn’t move to the rear of the 
bus. I asked him to give me his name and his driver’s num­
ber and I would move to the rear of the bus and he refused 
to do so and said he would get the Deputy Sheriff whereas 
he turned to walk out the door and turned and came back 
inside the bus and asked me whether or not I was going to 
move. I  said no, and when I said no he turned and walked 
off the bus and came back on with the Deputy Sheriff. The 
Deputy Sheriff was ahead of him and he came to me and 
asked me what was the trouble.

Q. Did you or not make the statement he said you did? 
A. That I said I didn’t care whether he called the Deputy 
Sheriff or not?

Q. That is right. A. I did not make that statement.
Q. What you said is what you have testified about? A. 

That is right.

Mary Elisabeth Whiteside—-Plaintiff— Rebuttal—Direct



182

Q. By Deputy Sheriff do you mean the officer, Mr. Robin­
son, who has testified here! Is he the man you are speaking 
of? A. He is the gentleman that represented himself as a 
Deputy Sheriff, although I didn’t see a badge.

Q. Miss Whiteside, it has been testified that after these 
two gentlemen, Mr. Robinson and Mr. Martin, took hold of 
you one by each arm that you then agreed to get off the 
bus, is that true? A. I did not. Before the Deputy Sheriff 
grabbed me by my arm that is when I told him I would move 
to the back of the bus, and the bus driver said he didn’t want 
me in the back in the bus at all, he wanted me off of the bus, 
whereas the Deputy Sheriff told him he would have to give 
me my ticket back if he put me off the bus, and the bus 
driver said he wouldn’t give me my ticket back, and I asked 
him to give me my money back if he put me off. He said he 
couldn’t give me my money back, he would give me a trans­
fer. I told him I wouldn’t accept a transfer, and the Deputy 
Sheriff spoke again that he would have to give me my ticket 
back, and the bus driver went to his seat, and as he went 
to his seat, the Deputy Sheriff grabbed me by my right 
arm—

Q. You needn’t go into all the details about it. I just 
asked you whether or not after they did take hold of you 
did you agree to get off? A. No, I didn’t, after they had 
taken hold of me.

Q. It was further testified that you wralked down the 
aisle, is that true or not? A. I did not. That is untrue.

Q. It was further testified that you went back in, after 
you walked off the bus, one witness said you went back in 
for your box you had with you and the magazine, and an­
other one said you brought it out with you—were either of 
those statements true? A. Both of them are wrong.

Mary Elisabeth Whiteside-^-Plaintiff— Rebuttal—Direct



183

Q. What was true about this box and magazine? A. 
After they had gotten me off of the bus, I tried to reenter 
the bus. I told them my purpose of wanting to reenter the 
bus. I wanted to reenter the bus to get my overnight ease, 
overnight bag, and a hat box, and my bracelet was lying on 
the floor o f the bus, and that is when I told them I wanted 
to reenter the bus for. The Deputy Sheriff blockaded the 
door of the bus and the bus driver went to the back of the 
bus, to the seat where I was sitting, and got my luggage and 
my hat box.

Q. And threw them out to you? A. He threw them at my 
feet. I was standing there at the steps of the bus, and he 
threw them at my feet.

Q. Now, Miss Whiteside, it is also testified by Mr. Mar­
tin that you told him, after you were thus ejected from the 
bus, or as he says got off, that you told him that was what 
you wanted him to do—to mistreat you or scratch you or 
bruise you—did you tell him anything like that? A. No, I 
didn’t make that statement.

Q. Did you make any such statement in substance? A. 
I only made statement to the Deputy Sheriff that I hadn’t 
done anything wrong, and he knew it was wrong in the way 
they were treating me. And that is when the Deputy Sheriff 
said he would put me in jail if I opened my mouth.

Q. But you did not make the statement that Mr. Martin 
said you did? A. I did not make that statement.

Q. Without going into detail—further detail about what 
has happened, you have told your story, you have given 
your account about what happened and the witnesses for 
the defendant have given theirs, now, without going into 
detail will you state whether your account of the incident 
or theirs is true, which one of you is telling the truth? A. 
I told mine exactly as it happened and exactly the words

Mary Elizabeth Whiteside—Plaintiff—Rebuttal—Direct



184

S ta tem en t o f  M rs. C. G. S w ain

that were passed between the bus driver, the Deputy Sheriff, 
and myself.

Q. And if the accounts of these other witnesses differ 
from yours in any respect, they are mistaken. A. They 
don’t vary with mine— some are the truth and on others 
they aren’t the truth. All of the statements don’t vary.

Q. But when the statements vary with yours, are they 
telling the truth? A. They aren’t.

The following statement, consisting of one typewritten 
sheet, is agreed to be in substance the testimony that Mrs. 
C. C. Swain would give if present and sworn as a witness 
in this case, and as she is prevented from being here by 
illness, it is stipulated that the statement shall be her 
testimony, subject to competency and relevancy. Said state­
ment is as follo-ws:

S tatement o p  M es. C. C. S w a in .

One morning, as I recall it was May 6, 1946 at about 
7 :30 A. M., a Southern Bus Lines bus arrived at the Wick- 
liffe station at the Swain Hotel. This was the regular bus 
from Cairo to Paducah. When the bus arrived the driver 
told me that there was a colored woman sitting near the 
front of the bus who would not move back to the rear, and 
he asked me to call an officer to help him either move the



185

S ta tem en t o f  M rs. C. C. Sw ain

woman to the rear of the bus or get her off the bus. I called 
Mr. Martin Robertson, the town marshall, and he arrived 
in five or ten minutes. Mr. Robertson went on the bus fol­
lowed by the driver. I don’t know what was said by them 
or the colored woman, but in a few minutes they brought 
the colored woman to the door of the bus, and she stepped 
down on the ground and up on to the sidewalk in front of 
the bus station. The driver got out of the bus and went to 
the rear and took the colored woman’s luggage out and set 
it on the ground. The driver then got into the bus and 
drove away. The colored woman bought a ticket for Pa­
ducah on the Greyhound bus and left on the Greyhound bus 
in about fifteen minutes.

I have been agent for the Greyhound bus at Wickliffe 
for 10 years, and the drivers of the busses have always 
regulated the seating of the passengers in the busses. I 
have always observed that the colored people were at the 
rear of the busses. A  year ago there were two colored 
people on one of the busses who were occuping two double 
seats and refused to move on to the same double seat. The 
bus was crowded and white passengers refused to sit by 
them. I called the sheriff, Mr. L. E. Carter who came and 
required the colored people to sit on the same seat at the 
rear of the bus. The colored woman was not thrown from 
the bus and did not appear to be injured.

/ s /  M rs. C. C. Sw ain



186

V  erifica tion

State of K entucky  
County of J efferson

I, H elen M. W hedon, Official Reporter for the U. S. 
District Court for the Western District of Kentucky, hereby 
certify that the foregoing is a true, correct and complete 
transcript of the proceedings of the trial had at the time 
and place set ont in the caption hereof; that the proceed­
ings of this trial were reported by me in shorthand and also 
on an electric recording machine, and that the proceedings 
were transcribed by me on a typewriter.

I further certify that I am not related by blood or 
marriage to any of the interested parties to this action; 
and that I am in no way interested in the outcome of same.

Given under my hand as Reporter aforesaid, this the 
5th day of June, 1947.

H elen M. W hedon



187

Plaintiff’s Exhibit No. 1 (Front):

“ CAIRO, 111. to PADUCAH, Ky. 

St. Louis, Mo. — Paducah, Ky.

IDENTIFICATION CHECK 
Not Good For Passage 

Form S. T.— 2

“ This check must be retained by passenger until destina­
tion is reached, subject to inspection by operator at any 
time, and is to be surrendered to operator when journey is 
completed. Baggage Liability Limited to $25.00 (unless 
greater valuation is declared at time baggage is checked).

Southern Bus Lines, Inc. 
Shreveport, Louisiana

2068.”

Plaintiff’s Exhibit No. 1 (Back):

“ TRAILW AYS DEPOT 

M AY-5 ’46 

ST. LOUIS 

2-M O.-2”



188

Plaintiff’s Exhibit No. 2 (Front):

“ SOUTHERN BUS LINES, Inc.

Cairo, 111.

-  To -

PADUCAH, KY.

“ Good for one continnons trip subject to tariff reg­
ulations if used within 30 days from date stamped 
on back. Form S. T. C. W. Smith

President

Pugh, Cin’ti, 0.

12006

Plaintiff's Exhibit No. 2 (Back):

“  . . n Trailways 
May 6 1946 

CAIRO, ILL.
O K  Martin”



HP-Ill. C. C. No. 6 MP-I.C.C* No. 13
C anceIs Cancels

HP-Ill. C. C. No. 2 MP-I.C.C. No. 2
I No supplement will be Ala. P. S. C. No. 2ll Original Title Page 1
I issued to this tariff Ark. P. S. C. No. 7 5 r
| except for the purpose D. M. T. Ky. No. 26 f
| of cancelling the tariff L. P. S. C. No. 12 §
1 Hiss. P. S. C. No. 15b I
i T. R. P. U. C. No. 55 §
i R. C. T. No. 25 §

SOUTHERN BUS LIKES, INC,

RULES AND REGULATIONS TARIFF NO. l+OO-A 

Cancels

RULES AND REGULATIONS TARIFF NO. b,00 

Honing

RULES AND REGULATIONS 

Governing 

PASSENGER TRAFFIC

IN CONNECTION WITH

THE

TARIFFS I LIKING REFERENCE HERETO

ISSUED: February . 19^6 EFFECTIVE March 5. 191+6

:

ISSUED BY:
C, P. Cox

General Traffic Manager 
619 Ardis Building 

Sftreveport, Louisiana
M w w w m w m a , .....

I
I
I
I:

1 ***** *«> J

D
efendant’s E

xhibit N
o. 1:



190

f



.... . ...... -.. .. ..... ......
| Rules and Regulations i a r if f  No. 1+00-A 
f Southern Bus Lines, Inc. 
f Issued! February 1 , 191+6

.........
Original Page 1 1 i
EFFECTIVE! March 5 , 19i+6j

l By: C. P. Cox,
1...... ....

General Traffic Manager 
u ildin g. Shreveport, La,

:
f

...'(C) pj^ficiPATIHG CARRIER 1
f .ABBREVIATION H Name of Carrier JIEXC1 NO.

STC SOUTHWESTERN GREYHOUND LINES, INC. 163 • |
TABLE OF CONTENTS

Arrivals and Departures not
guaranteed--------------------------- -—

Baggage-*---------t— — ----------------
Basing Fares----------------1---------------

Change of Route-------------
Change or' Extension of 

Destination----------

Circle Tour-

Damages-— —  
Eates of Sale-

Destination, Change or
Extension o f -— — -----— --------

Disputes------ ------ -— ----------------- --
Extension of Limits of Tickets 

Account I lln e ss , Quarantine,

Extension or Change of
Destination------------ ------

Fares:
Application o f— -----—

» Firearms*

L ia b ility ! General- 
Limits o f T ick ets-— 
Limits o f Tickets 

Extejis ion o f------------

r

RULE IPAGE
i NO. NO.

19 6
1 2

< 10
J

b

18 5
i 25 7

1(h) 2
19 6
11 h

2l+ 7
b 3

i 21 6
18 5

5 3
! 18 5

2 2
18 5

2b 7.
22 6

.

20 6

21+
•

7

1 2
! b 3
j 9 3 I
j 8 3 i
! l(« )i 2 !
|23 6 j
! 17 5' !

18 5 ?
3 2 i

S 20 6 1
I * h |

•RULE iPAGEI
| NO. ]N0. f

Minimum Fares-- ------- *---- l 9 13:-
Objectionable Persons------ i 17 i 5 !
Operations, Seasonal— :------i 6 | 3 i
Optional Honoring of Tickets-i 26 I8&9 I
Operators* Tickets--- — — — -i 13 j 1+
Overgriding of Tickets------ j 12
Persons, Objectionable-— -— -j 17
Redemption of Tickets------- j 10
Refunds----- --- ----- ■----- i 10
Reduced Fares— — ----- — —— | 5
Reservations--------------- j 15
Round Trip Tickets-*— -- —l 8
Round Trip Table-------*—--A
Routes-— — — ■—  --- ----— >— | l(c)j 2
Route, change of----- -— — — | 1 1 j 1+
Seasonal Operations------- -I 6
Seating of Passengers— — — - 1 15  
Seat Reservations--— — — — — j 15
"Soeing-EyeH Dog— — -------- 1 19
Stolen or Lost Tickets--— --j if)
Stop-overs----------   i 7
Tickets: I
■“•Iteration or Erasure— — î 1 6  
Dates of Sale-— — — — — 2 
Extension of Limits— -— —— j 20
Interline— — -----
Issuing by Operator— *----j 13
Limits of— — — --—-- ----1

\ h  
\ 5 
I b 
! h  
I 3 
I 5
i 3 
iio

3
5
5
6 
b 
3

Lost or Stolen— — ------------------i ll+
16 
13

! 5
! 2
1 6 

2 
h  
2 
h  
5 
h

1

(c) -

* -

Non-Transferable— -------- —4
Operators------------- — ------------—j
Optional. Honoring j

Arrangements---------— — ------j 26 |8&9 !
Overriding o f— — — --------—i 12 j |+ \
Redemption o f— — — — -----j 10 [ i+ I

Reservations— ------— * —  — j 15 | 5 f
Round Trip Faros— - — — — — j 8 13 1
Responsibility--------------------------- j x(b)| 2 f
Transferring Passenger— — — ! 15 f 5 f

EXPLANATION OF ABBREVIATIONS AND REFERENCE MARKS

Change, the result o f which is  neither an increase nor a 
reduction.
Intrastate only

i
f AIMWIMKHttlHIMlimtluitHO ituHHMitHHKiitMiMMtiHimmntHtMitanteiaitinitMmiii

D
efendant’s E

xhibit N
o



»•*
•» m

u 
»> I

fi •
 • i

.....XIER..JIQ...
1

...I

MP-I.O.C. No. 13

ISSUED: February 1, 19^6 
By: C. P. Cox, General Traffic Manager
......... 619.., Ar Bi.S.. Jui Shreveport,.... Lp,. .... ,   ... ...;.......... ....... ..

‘.............. ....RULES,. M P. REGULATIONS... .....;.................... .
AFPLICATION OF FARES: (a) Fares shorn in tariffs made subject hereto,•
| are in dollars and cents and are payable in lawful money of the United 
iStates,
i (b) In issuing tickets and chocking baggage under tariffs made subject 
| hereto, for passage over the lines of other carriers, the issuing 
| carrier acts only as ‘selling agent and is not responsible beyond its 
I ovai lines, except as responsibility may be imposed by law with respect 
| to baggage.
j (c) Fares named in tariffs made subject hereto, apply via the direct 
| route only, unless otherwise provided herein. Nhen route is whown in 
j connection with the fare, such route must bo endorsed or printed on 
| the ticket. Routings must bo designated at time ticket is purchased 
| and con be changed only as authorized herein.
| (d) Fares to destinations or from points of origin not shown in tariffs 
I made Subject hereto, will be made by adding the fares shown in-those 
| tariffs to the fares shown in other tariffs lawfully on file with the 
jvarious regulatory commissions, provided that if the fare so made 
jexceeds the fare to or from a point beyond on the same through lino of 
i travel-as shown in tariffs made subject hereto, the latter fare will 
japply.
j(c) Faros from and to intermediate points not specifically shown in 
jLocal Tariffs made subject hereto, will be the same as the fares from 
or to the next more distant point that is shown. No ticket will be 
sold to a destination not named in an effective tariff.
(f) Fares named in tariffs made subject hereto are governed by the 
rules and regulations contained herein and no one shall have the 
authority to change dr deviate from the fares and routes named in tar­
iffs made subject hereto or rules and regulations contained herein, 
unless the fares and routes or rules and regulations•are changed by 
amendment to the tariffs or by the issuance of a new tariff.
(g) Fares named in tariffs made subject hereto applj' only to trans- 
| portation of nersons and their baggage. All Berth or Seat fares or 
jcharges for any other or "Additonal Services” offered by any connect- 
jing carrier, will be in addition to the fares named in tariffs subject 
!hereto. Agents will refer to lawful tariffs of such carriers to 
| determine such additional fare or charges find other rules and regula- 
]t ions gove rn ing s ame.
|(h) Fares designated as "Basing Fares" are shown in certain tariffs 
|made subject hereto for the construction of through fares to or from 
ipoints from or to which no through fares are published therein, and 
|they are not to bo used for selling purposes. Selling fares are to be 
[found in those tariffs provided fear that purpose.

R ules and R e g u la tio n s  T a r i f f  No. hOQ~A  O r ig in a l  Page 2 J
Southern Bus L in e s , I n c .  EFFECTIVE: March 5 , 19h6'

2 [DATES OF SALE: Tickets are on sale d aily , unless otherwise specified
[in the ta r if fs  made subject hereto.

3 [LIMIT OF TICKETS: (a) Unless otherwise sp e cific a lly  provided in
[individual t a r i f f s ,  one way tickets w ill be lim ited to one ( l )  month 
[from date of sa le .
[(b) Unless otherwise sp ecific a lly  provided in individual t a r i f f s ,  
[round trip  and circle  tour tickets w ill be limited to s ix  (6) months 
{from date of sale .

D
efen

d
a

n
t’s E

xh
ib

it 
N

o.



Rules and Regulations Tariff No. 1+00—A 
Southern Bus Lines, Inc.
ISSUED: February 1, 191*6
By: C. P. Cox, General Traffic Manager

6lff Ardis Building. Shreveport..La......

............. MP-i.,c,?..g,,,..<jjo,....3l3.... *
Original Page 3 j
EFFECTIVE: March 5, 19461

..I

(C)

...................RULES...Am..MGUUIIONS........... !............ ....
I4 ['CHILDREN'S FARES: Children under five (5 ) years of age must be accon- |
(C) | panicd by an adult pas-senger , Children under five (5 ) years of age,

; when accompanied by an adult passenger end not occupying’a seat to the § 
j exclusion of other passengers will be carried free. Children under |
i five (5 ) years of age occupying seats to the exclusion of other pass- 
i engers, and children five (5 ) years and under twelve (12) yearscfagewiilbe! 
j charged one-half (3) of the adult fare, increased where necessary to make f 
j such fare and in "0" or "5", with a minimum fare of fifteen ( l y )  cents, f
I EXCEPTION NO. 1 : Where the crossing of the Mississippi River at Vicks- f
j burg, Miss., or Greenville, Mias,, is involved, the minimum child's fare f
\ between any two points will be forty (1*0) cents. f
i EXCEPTION NO. 2: Minimum children's fare in connection with Texas I
j Intrastate traffic will be ten (1 0 ) Cents, f
j SPECIAL REDUCED FARES: Special reduced fares will be granted account |
i Clergy; Charity; Veterans Bureau (Hospital) and Public Health Service; |
I Inmates of National and State Soldiers and Sailors Homes; Subject to f
| rules, regulations and fares contained in Local and Joint Reduced Fare I
{ Circular No, 75* issued by National &us Traffic Association, Inc., |
I Agent, amendments thereto or reissue thereof. Commutation rates will 
(be shown in Local Commutation Tariff No. 1*01, MP-I.C, C. Nc, 3 , Ala. i
j P.S.C. No. 21, Ark. P.S.C. No. 71, KP-J11. C.C. No. 3 , D.M.T., Ky. I
4 No, 23, L.P.S.C. No. 1*, MisS.P.S.C. No.ll*3, T.R.P.U.C. No, 51, R.C.T.
I No. 23, issued by C. P. Cox, General ^raffic Manager, amendments thereto |
I or reissues thereof. f
| EXCEPTION: Special Reduced Fares governing Texas Intrastate Traffic |
| will be as shown - in Reduced Fare Tariff No. l+Ol*, R.C.T. No. 2i*, amend- |
i ments thereto or reissues thereof. 1
| SEASONAL OPERATION: (a) Operations via some routes and to some desti- f
_i nations are seasonal in character and are subject to road and weather §
(conditions. |
i (L) Southern Bus Lines, Inc., reserves the right to issue or honor 1
jtickets only during the season that roads are open. i
j STOP-OVERS: Stop-overs, within limits of tickets, will be permitted
| ut any point upon application to selling agent at time of purchase of 
jticket, or to agent at division point. Proper notation must be made 
| on, or coupons added to, tickets by such agents.
[ROUND TRIP FARES: Unless otherwise shown in tariffs made subject hereto,
I t h e round trip fares are one hundred-eighty per cent (180$) o f  the one 
[way fares named, adding sufficient when necessary to make fare end in 
j"0" or "5m. Agents will use "Round Trip Fare Table" to determine such 
I fares.
[EXCEPTION: Where the crossing of the Mississippi River at Vicksburg,
I Miss., or Greenville, Miss., is involved, the minimum round trip fare 
[between any two points will be eighty'(80) cents,
= MINIMUM FARES: (a) Unless otherwise shown in tariffs made"subject
[hereto, the minimum one way fare is fifteen (1 5 ) cents.
[EXCEPTION No. 1: Where the crossing of the kissiasippi River at Vicks-
Iburg, Miss.., or Greenville, Miss., is involved, the minimum one way 
[fare between any two points will be forty (1*0) cents. .
[EXCEPTION NO., 2: Charity, clergy and other forms of reduced fare trans-
! portat-ion are subject to the minimum fare as shown in tariffs governing 
i such reduced fares.
^EXCEPTION NO. 3* Not applicable in connection with Texas Intrastate
[Traffic. ,1 *"

9
(c)

■ UKHItllllllllltltll iniHuHtiun

D
efen

d
a

n
t’s E

xh
ib

it N
o



M-W **#«*«*«*«* u(MM» «•**»* isp- i »c«c. no. 13*»M «*»**•*•******»#»»<»»*•»**»»•**•*««»***•» *»,
O r ig in a l  P age U j
EFFECTIVE: March 5. 1*4

Rules and Regulations Tariff So, uOO-A 
Southern Bus Lines, Inc,
ISSUED! February 1, 19U6 
By: C. P. Cox, General Traffic Manager f

...... 6l9,,.,ArdIs,Juild.ing.JI.Shreyegort^ Lo^ sj ........... ............ .... „......  ̂̂

...■Rim j.oJ...... ........ « .....................e.uib.s...m k ,..m q .uutions....,..:.................. ........................... ............. I
10 | REDEMPTION OF TICKETS: (a) Tickets will be redeemed to the original |
(c) | purchaser by the issuing carrier at the fare paid when no portion of the j

| trip has been made, and at the difference between the fare paid and -
•; the published tariff fare between the points used if the trip is 
! discontinued and nbt completed.
| (b) When a ticket not used or partly used for passage,, but on which 
jbaggage has been transported, is presented’for redemption, an excess 
! baggage charge for gross weight will be assessed from the point where I
; passenger's journey was discontinued to the point to which baggage |
| was transported. (Minimum charge twenty-five (25) cents-). If the gross I 
| weight of baggage cannot be ascertained, the excess baggage charge for ( 
| the maximum, free allowance .will be assessed. (Minimum charge twenty- f 
five (2 5) cents). §
(c) Application for refund on tickets must in all cases be made to the § 
General Office of Southern Bus Lines, Inc., 619 Ardis Building, Shreve- I 
| port, -Louisiana.
| EXCEPTION: Agents nay redeem a ticket of their own' issuo on date of
; sale only, when ,no portion thereof has been used. f

11 j CHANGE OF ROUTES: \ Routings nay be changed only when the diversion is f
j approved by an authorised agent of the Issuing Carrier, and then only I

(C) | upon assessing and collecting of the difference between the fare paid
jand the fare applying via. the route used. When a route is changed to §
one carrying a lower fare, refund of the difference between the fare 1 
paid and the fare applying over the route used will be made upon appli- | 
cation to the General Office, 6l9 Ardis Building, Shreveport* La. g

12 ]OVERRIDING OF TICKETS: A Passenger purchasing a ticket to a fare point f
(C) j shown in tariffs making reference hereto may override his ticket to. a I

country stop beyond the limits of the city or town to which his ticket I
reads a distance not to exceed one mile at no additional cost. Where f
jthe point passenger desires to leave the bus is a distance greater than 1 
[one (l) mile, or-if it is within one (l) mile of the next more distant f
1 fare point, passenger will bo charged the amount necessary to extend 
)his original 1 ticket to read to the next more distant fare point than 
ithat to which his ticket reads. |
[EXCEPTION: Hot applicable in connection with Texas Intrastate Traffic. !

13 [OPERATORS TICKETS: (a) Operators of motor ctoaches may sell tickets to I
I and from points, both of which are within their division only. Passen- i
Igers desiring to purchase tickets beyond end of division must pay fare I
| to first agency station or to termination of division and there may I 
|secure tickets to final destination. f
j(b) Operators of motor coaches may not sell tickets at points where an ! 
jagency is maintained at such tines as the agency offers tickets for safe.I

11+ [LOST OR STOLEN TICKETS: Southern Bus Lines, Inc., will not be rospon- I
vC) Isible for lost or stolen tickets and they will not bo replaced, refunded f

[or redeemed.. I
jEXCEPTION: Not applicable in connection with Texas Intrastate Traffic® I

mnmtiiiHemitiMMHtmntM IlimtillitMliC

D
efen

d
a

n
t’s E

xh
ib

it N
o



.... ........................
Original Page 5 i
EFFECTIVE: March 5. 192+61

ISSUED: February 1, 192+6 i
By: C. P. Cox, General Traffic Manager !
.... 619 Ardis Building, Shreveport* La. ............ |
J S J & 4 -  .1 .............. RULES' AND REGUlifiOHS...................."~.l.  .......J

15 jRESERVATIONS: (a) Reservations will be made only as authorized in |
tariffs made subject hereto. Except as authorized in such tariffs, f
reservations of certain seats, or guarantee of seating space on any {
particular schedule will not be made. |
(b) This company reserves to itself full control and discretion as to |
seating of passengers and reserves the right to change such seating at | 
any time during the trip. I
(c) This company reserves the right whenever operating conditions re- I

?uire, to transfer passengers from one vehicle to another enroute. I
d) Seating space cannot be guaranteed on stop-over privileges or on sale! 

of tickets at intermediate points, except as provided in tariffs made I 
subject hereto, and sane are subject to the limitations of seating I
capacity <5f motor coach passing through such points. In case of in- | 
sufficient seating capacity on any schedule, passengers will be placed f 
on motor coach in order of their booking. f

16 jTICKETS: (a) All tickets sold at fares shown in tariffs subject hereto f
; are non-transferable and will be valid only for tho transportation of f 
I the passenger for whom originally purchased. !
|0>) If any ticket bear3 any alteration or erasure, it will be void and f
{may be confiscated by any agent or driver of any carrier over which it 1
j is routed. I

17 {OBJECTIONABLE PERSONS: The Southern Bus Lines, Inc., reserves the right f
j to refuse to transport a person under the influence of intoxicating |
fliquor or drugs, or who is incapable of taking care of himself or her- \
|self, or whose conduct or condition is such, or is likely to be such, as j 
j to make thorn objectionable to other passengers' or prospective passengers,1 
j or who may be suffering from a contagious or communicable disease, or 1 
{diseases, or who may be suffering from such a loathesome disease, even | 
jthough not communicable, as to be, or calculated to be, objectionable to I 
.{other passengers. I
{EXCEPTION: This rule does not apply to persons who are ill and accom- f
j panied by an attendant or nurse. f

18 jCLAIMS: (a) This company will not be liable for delays caused by J
{accidents, breakdowns, bad conditions of the road, or other conditions | 

(C) {beyond its control, and does not guarantee to arrive at and depart
{from any point at a specific time. The time of arrival at and departure I 
[from any. point shown in its published time schedules is the schedule it | 
{endeavors to maintain, but same is not guaranteed. f
{(b) All claims for damages of whatever character must be filed in 1
{writing within nine (9 ) months at the nearest office or age'ncy of this f 
j company. (
{(c) This company is not liable to any person using a ticket who is not I 
{the original purchaser thereof, or who is not lawfully entitled to use 
{the said ticket. (See Rule l6j I
{EXCEPTION: Not applicable in connection with Texas Intrastate Traffic. f

Rules and Regulations T a r iff  Ho. l+OO-A
Southern Bus Lines, Inc.

D
efen

d
a

n
t’s E

xh
ib

it 
N

o



‘ ‘ O rig in ®
M M .0 ,0 . So. 13#̂MWf̂**t̂»<»̂»j(#̂*̂****»»*»»**M*»’*‘*»**f******',

EPFECTIVEs March 5, 1946j
| Rules and Regulations Tariff So, LOO-A 
I Southern Bus Lines, Inc.
| ISSUED? February 1, 1946 
\ By: C. ? .  Cox, General " r a f f i c  Manager

619 ArtUs Building, % revoport# La, , ___ ____ [.... „......
I; Jug: "ho;]'"     .......................R U L E S ' l i ^ S  11.‘ 11....................... ,  „
.... 1 9 ’ IASIMALiS: Dogs, cats, and other live animals or birds, will not be

! accepted for transportation.(C)

20
(C)

21

22
(C)

23

I EXCEPTION HO. 1: "Seeing-Eye Dogs," traveling with blind persons, when 
[properly h&rnessod and muzzled will be carried free of charge* The dog 
■will not be permitted to occupy a seat, but must lie or stand at the 
[feet of its master.
[EXCEPTION No. 2: Rules and Regulations governing animals,-and other 
household pets, carried in baggage service in Texas Intrastate Traffic 
will be as shown in Motor Bus Baggage Tariff Ho. 1, supplements thereto 
or reissues thereof, issued by the Railroad Commission of Texo.s. 
[EXTENSION OF LIMIT OF TICKETS AND STOP-OVER PRIVILEGES ON ACCOUNT OF 
I ILLNESS, QUARANTINE, WASHOUTS, ETC: (a) In case of illness which makes
[traveling dangerous an extension of limit and stop-over privilege will 
jbe granted by this company to passengers holding tickets, and, if nee- 
Ies s ary, to one or more accompanying members of the family of holder of 
fticket when such illnews is authenticated by written certificate of a 
[reputable physician or other satisfactory evidence i*s given.
[(b) QUARANTINE: The privilege outlined in (a) will also bo extended to
iholders of tickets who become subject to an established quarantine and 
present proper certification thereto by the quarantining physician or 
other authorized public health officer.
[(c) If, on account of washouts, obstructions to highway, public calamity, 
|the act of God, or of the public enemy, a passenger is delayed on the 
[lines of this company, so that the limit of such passenger's ticket has 
[expired, or has elapsed to such an extent as to curtail the stop-over 
[privileges, an extension of limit and stop-over privileges will be 
[granted by this company to passengers holding such tickets.
[(d) The extension of limit and stop-over privileges provided in "'a," 
i"b" and nc" may be given by the ueneral Office of this company, by 
[narking the ticket or issuing a now ticket in exchange. Such ticket 
[or tickets issued in exchange, must be marked to show the reason for 
[the extension of limit and/or stop-over privilege.
[GOING ONE ROUTE, RETURNING ANOTHER (CIRCLE TOUR): Round trip tickets 
[going one.route, returning another, may be sold in connection with fares 
[shown in tariffs made subject hereto by adding one-half (it) of the round 
[trip fare via each route to same destination, adding sufficient cents 
[when necessary to make faro end in "0" or "5"«
[DISPUTES: In the event of any dispute ovor tickets or faros, passengers
[should-pay the fare requested, taking .receipt for- money, - and. present 
[claim for refund to the General Office, Shreveport, Louisiana.
[FIREARMS: Firearms, which are ta bs transported on any motor coach,
[must be completely unloaded and cither in a caso, or "broken." They 
[must be entrusted to the- ca.ro of the Driver on demand of any Company 
[Agent or Driver.

D
efen

d
a

n
t’s E

xh
ib

it 
N

o



1 6 6 -1

ISSUED: February 1 , 19̂ +6 
By: C. P. Cox, General Traffic Manager 

619 Ardis Building, Shreveport, La.
r _ M O J

Rules and Regulations T a r iff  Ho.
Southern Bus L ines, Inc.

.........
Original Page 7 |.
EFFECTIVE: March 5, 191+61

2k j CHANGE CR EXTENSION OF DESTINATION: (a) Passengers who. desire to change |
| the destination of their trip on one way tickets may do so, provided I
j such change is requested prior to reaching the destination of the f
j original ticket, by paying the difference between the fare originally 1
| paid and the fare in effect, at the time original ticket was purchased, |
| from the origin of the first ticket to tho destination of the new |
I ticket. I
| (b) Changes in destination of round trip, circle tour and open-jaw J
] tickets may be made at any point enroute, provided request is made before! 
j the passenger has completed the entire trip, by paying the difference |
| between the fare originally paid and the fare in effect from point of |
| origin, at tho time first ticket was purchased, via the route of the J
jnew ticket. J
1 (c) Under provisions outlined in "a" and ”b" of this rule, the tine |
! iinits of the new tickets must be figured from the date of purchase |
j of the original ticket. I
j (d) If under provision "a” or MbM of this rule, the new ticket would |
j carry a#lower fare than original ticket, passenger may obtain refund |
i by making application therefor to the General Office, Shreveport,
! Louisiana. J
I NOTE: Rule 2ti applies to tickets of Southern Bus Lines, Inc., issue
| only,

25 | BAGGAGE: Except as otherwise specifically provided herein, charges,
(C) {rules and regulations governing the checking of baggage will be in 

I accordance with Local and Joint Baggage Tariff No. 500-G, MP-I.C.C.
} No. 752, Ala. P.S.O. .No, 28, A.CJ.'C. No . 27, HP-Ill. C.C. No. 105,
| D.1I.T, Ky. No. 23, L.P.S.C. No. 38, Miss. P.S.C. No. 31, T.R.P.U.C.
{No. 2J4., Amendments thereto" or' reissues thereof, issued by National 
| Bus Traffic Association, I®c., Agent.
jEXCEPTION: Rules and Regulations, governing the handling of baggage,
! charges, etc., intrastate in Texas will be as shown in Motor Bus 
Baggage Tariff No. 1, supplements thereto and reissues thereof, issued 
by Railroad Commission of Texas.

i
I

D
efen

d
a

n
t’s E

xh
ib

it N
o



---------------------------- -------------------- -----  --------------------------- --- ------------------------------------ ----- ------- W~£r£..*.Q..- .
Rules and Regulations Tariff H o. ItOOA Original Pag© 8 |r
Southern Bus Lines. Inc. EFFECTIVE* March 5* 19uo |
ISSUED:,. February 1. 19ho I
By: C. P. "Cox, General Traffic Manager f

619-Ardia Building, Shreveport, La. ___■________ *......_.............. .... -|
. .......................RUIE'OJD'"RgCTm i O HS........... :.............. .............  ........... .......U ....... .... J
"""'"' 2 6...I ' b m o a u T m m B ^  op t i ck e t i & ^ m m n s i The following "optional  ̂ j

(C) iHonoring,of Ticket Arrangements” between points shown, will be applicable 
I at fares shown in tariffs made subject hereto. All classes of tickets j 
I good for passage between the stations shown in columns 1 and 2 will be. |
I honored via either of the routes named in' Column 5« I? ' ... :.. ... ... ..... ««...»/$

! ALL CLASSES OF TICKETS GOOD FOR PASSAGE

f 1 BETOEEN
I Alexandria, La.

2 AND
Baton Rouge, La,

j WILL BE HONORED AT 
!... „0mpIL.0F. ..HOLDER....
| 3 VIA...... ......... . . .......

j Bunkie or Marksv il ie

to
Cb
1
sg

N*
CO
K. M-W CD$ CO
oft»O*ci>.

o

1 Alexandria, La.

I Alexandria, La.

| Batesville, Miss.

|(C)$Batesville, Mis: 

| Bolivar, Tenn,
t ,

! *Bolivar, Tenn.

j Natchitoches* La. 

I Shreveport, La.

i
| Bolivar, Tenn.
:

| Grenada, Miss.

| Grenada, Miss.j
i
i Parsons, Tern.

S'C
Boyce or Gelfax

a
Armi stead & Boyce or 4
Canpti & Colfax |

Holly Springs or Memphis |

J
I Oakland Jet. or ^Oxford 

l Holly Springs or Memphis |
: ■. s

i- Jackson, Tenn. or Henderson!

J | Brooksvilie, Miss. | Columbus, Miss. | Crawford Jet. or Mayhew 
i Jet. |

5 I Camden, Ark. 1 Fordyce, Ark. ! Southern Bus Lines, Inc.or 1
j Southwestern Greyhound |
; Linos, Inc. |

i
i Durant, Kiss. | Starkville, Miss.

:
j Ackerman or Winona il i

|
!
i El Dorado, Arlc. ! Shreveport, La. | Honor & Jet. City or

1
: : Plain Dealing (E-dPtease

s j s j
1 1’ Grenada, Miss,

:
! Oxford, Miss.

1 Creeks 1 
: Oakland Jet or Water

1 1 

1i j
Haynesville, La. j Shreveport, La.

[

| Valley } 
\ : 
i Dixie Inn or Plain Dealing {

1
i - i
1 i■ Jackson, Miss. | Taylorsville, Miss, ! Brandon or *Magee

= (C)ir * Does not apply whon faro is less than faro to or fron Oxford. |
If faro is less than fare or from Oxford, fare via Oxford 

j will be same as Oxford. j
WMHWmWWWmWWMWUlMIHmWWWWWWWHW t«1TittF>ff1“ *,TTtt****t*ttt~t**r*» It ****■“ f*+ff ****** ■»**■** *»**•***•*«»*******,*********,**t***** “ t,**,*,#*,, >««,,»««, miHIIMIIW< ****—**©— *♦♦♦



f vB)»i©5 and Rogulati'’ris Tariff -Ho. 4OO-A 
Southern Bus Lines, Inc.

1 ISSUED« February 1, 19^6
I By: C. P. Cox, General Traffic Manager 
l 619 Ardis Building, Shreveport, La.
! .... H F nO.].......................... ....".... 1 ' RUITS; ̂ FD JE ^I^IO IIS  ■
|.... "26... I OPTIONAL HONORING'OF" TICKET "AI® ANGET*ENTS,

...................mp- i .-c . c. iio. 1? ^
Original Page 9 5
EFFECTIVE: March 5. 19̂ +6 |

CONTINUED: All classes o f
!tickets good for passage between , the stations shown in columns 1 and 
| 2 will be honored via either of the routes named in column J>,

[ALL CLASSES OF TICKET^ GOOD FOR PASSAGE WILL BE 'HONORED AT
OPTION OF HOLDER,

l
i

1 BETWEEN 2 AND 3 VIA ....... !
Jaokson, Miss. Waynesboro, Miss. Laurel or Meridian |

Kinder, La. Lake Charles, La. Hollingsworth or Iowa Jet. \

Leesvilie, La. New Orleans, La. Alexandria or Holdings- | 
worth A Opelousas |

Mansfield, La. Many, La, Belmont cr Zwolle

Mendenhall, Miss, Prentiss, Hiss, Pinola Rd, or *Pinolo |

Natchitoches, La. Shreveport, La. Armistead or Clarence f

Sarepta, La. Shreveport, La, Dixie Inn or Plain 1 
Dealing |

Shreveport, La. Springhill, La. Dixie inn or Plain I 
Dealing 1

Shreveport, La, Texarkana,Ark-Tex. 1Ida -or Rodcssa |

\

|
|
I

Kj,

■ iM M KKItllllilll

D
efen

d
a

n
t’s E

xh
ib

it N
o



: R u les and Regulations T a r iff  No. 1+00-A
S outhern  Bus L ines* In o .

,*,H« t'**M*»*« tUiUllUiU >**»*«. »|iji«**<i*M>«»«»?'!S«*mS****»»'***»*t«‘s***H* *.**H»*i MF-X.C.C. No. 13 
Original Page 10 
EFFECTIVE: March 5* 19U61

ISSUED: February 1* 191+6 
By: C. P. Cox, General Traffic Manager 

619 Ardis Building, Shreveport,.La.
TABLE

ROUND ROUND
1 ONE WAY ..TRIP... ONE WAYi ..TRIP... ONE WAY TRIP
I $ .19 $ .30 $2 .6 0 1 $l+.70 $5.05 $ 9*10
I .2: .1*0 2 .6 5 ! 1+.80 5.10 9 .2 0

1 .25 .1*5 2 ,7 0  ! 1+.90 5.15 9.30
1 .30 .55 2.75 i 1*. 95 5 .2 0 9.1+0
1 .35 .65 2.80 s 5.05 5.25 9.1+5
\ .1+0 • 75 2.85 ! 5.15 5.30 9-55
1 .1+5 .85 2.90 i 5.25 5.35 9.65
l .50 •90 2.95 ! 5.35 5.1*0 9.75

.55 1.00 3.00 ! 5*1+0 5.1*5 9.85
I .6 0 1.10 3 .0 5 ! 5.50 5.50 9.90

.65 1.20 3 .1 0  1 8160 5.55 10.00

.7 0 1.30 3.15 j 5.70 5 .6 0 10.10
I .75 1.35 3 .2 0 5.80 5.65 10.20
f .80 1.1*5 3 .2 5 1 5.85 5.70 10.30
1 .8 5 1 .5 5 3 .3 0 S 5.95 5.75 10.35

.90 1 .6 5 3.35 1 6 .0 5 5. 80 1 0 .I+5
i .95 1.75 3.1+0 j 6 .1 5 5-85 10.55

1 .0 0 1.80 3.1*5 ! 6.25 5.90 10.65
I 1 .0 5 1.90 3.50 | 6 .30 5.95 10.75
1 1.10 2.00 3.55 i 6.1+0 6.00 10.80
i 1 . 1 5 2.10 3.60 1 6 .5 0 6 .0 5 10 .9 0
! 1.20 2.20 3 .6 5 ! 6.60 6.10 11.00

1.25 2.25 3.70 } 6.70 6.15 11.10
! 1.30 2.35 3 .7 5  i 6.75 6 .2 0 11.20
f 1*35 2.1*5 3 .-80 1 6.85 6.25 11.25

1.1+0 2 .5 5 3.85 ! 6.95 6.30 11.35
1 1.2*5 2.65 3 .9 0 j 7.05 6.53 1 1 .1+5
! 1.50 2 .7 0 3 .9 5 i 7.15 6.1$ 1 1 .5 5
i 1.55 2.80 k .0 0  1 7.20 6.1+5 1 1 .6 5
i 1 .6 0 2.90 1+.05 | 7.30 6 .5 0 1 1 .7 0
1 1 .6 5 3.00 1+.10 7.1*0 6.55 11.80
1 1 .7 0 3 .1 0 {*.15 i 7.50 6 .60 11.90
! 1.75 3 .1 5 5.20 ! 7.60 6 .6 5 12.00
f 1.80 3 .2 5 1+.25 I 7.65 6 .7 0 12.10
! 1-85 3 .3 5 1+.30 i 7.75 6.75 12.15
= 1.90 3.1*5 1+.35 | 7.85 6.80 1 2 .2 5

1.95 3 .5 5 l*.l*o 7.95 6.85 12.351 2.00 3 .6 0 1*.1*5 i 8 .0 5 6 .9 0 12.1*5
I a .0 5 3 .7 0 1+.50 1 8.10 6.95 12.55
! 2 .1 0 3 .8 0 1+.55 i 8.20 7 .0 0 12.60

2 .1 5 3.90 1*. 60 8.30 7.05 1 2 .7 0
1 2.20 l+.oo I+.65 ! 8.1*0 7.10 12.80
r 2 .2 5 1*. 05 li.7 0  1 8.50 7.15 1 2 .9 0
1 2 .3 0 1+.15 1+.75 i 8.55 7 .2 0 13 .0 0
1 2 .3 5 1**25 1*. 80 i 8.65 7.25 13.05
f 2 .I+0 1+.35 lu 85 ! 8.75 7.30 13.15
j a.1,5 1+.1+5 1+.90 1 8.85 7.35 13^25
I 2 .5 0 1+.50 1+.95 1 e .9 5 7.1+0 13*35
1..2 .5 5.. l*.6o 5.00 1 9 .0 0 7.1+5 13.1+5

ROUND

$13.50 f
1 3 .6 0 i
1 3 .7 0  1 
1 3 .8 0 | 
1 3 .9 0 I
1 3 .9 5 ! 
11+.05 f 
11+.15 ! 
1I+.25 f 
Hi. 35 1
ll+.i+o ! 
11+.50 i 
ii*. 60 r 
11+.70 1 
1U .8 0 1 
m .8 5 I 
111. 95 I 
15.03 I
15.15 j
15.25 1
15.30 j
15.U0 \
15.50 I
15.60 I
1 5 .7 0  i

M  1
15.95 I
1 6 .0 5 I
1 6 .1 5  i
1 6 .2 0 I
16.30 I 
16.3+0 I
1 6 .5 0 i
1 6 .6 0 !
1 6 .6 5 !
1 6 .7 5 i
1 6 .8 5 i
16.95 i
1 7 .0 5 i 
1 7 .1 0  I
1 7 .2 0  i
17.30 I 
17.3*0 f
17.50 I 
17.55 I
17.65 1
17.75 !

.17.85.J..
I tvouna c r ip m r e s  m  excess ox those shovm above w ill be computed on a basis of I 
I onG hundred eighty per cent (18V%) o f the one way fare , increased where neces- I
| sary, to make same end in next "O" or ” 5 ". I

L~QNE..IA7
| $7.50 
| 7.55

7 .6 0  
I 7.65 
I 7.70 
I 7.75 
I 7 .80 
i 7-85

7.90 
7.95

1 8 .0 0
8 .0 5  

I 8.10 
! 8 .1 5
I 8.20 
I 8.25 

8.30 
I 8.35 
i 8.1*0 
1 8.1*5
i 8.5O 
I 8.55 
I 8.60 
! 8 .6 5  
I 8 .7 0  
I 8 .7 5
I 8.80
! 8 .8 5
| 8.90
j 8.95 
i 9 .0 0  
! 9 .0 5  
1 9 .1 0
j 9 .1 5
i 9 .2 0  
! 9 .2 5
! 9.30
! 9.35

9.1*o 
9.1*5 
9 .5 0  
9.55 
9 .6 0  
9 .6 5  
9 .7 0  
9.75 
9.80 
9.85
9.90

D
efen

d
a

n
t’s E

xh
ib

it N
o.



Rules and Regulations Tariff Ho. 1+QO-A 
Southern Bus Lines, Inc.
ISSUED: February 1, 191+6
By: C. P. Cox, General Traffic Manager

*  ..... W zI.'.Q .'& i.JIq». .13 r
Original Last Page §
EFFECTIVE: March 5. 19U6i

619 Ardis Building, Shreveport, La. . „ ....... .............
I  ..........iilSroUCTIOHS RELATING' to' LOOSE-LSljV P I ^ ............. ; 
| 1. This Tariff is issued in Loose-Leaf form and all changes and additions
{ will be published as loose-leaf revised pages.

I 2. Then a page in this tariff is reprinted the first tine, it will be des-
l ignated, "First Revised Page ...”. Each-subsequent rephint of such,pages will be 
I numbered consecutively, i.e., "Second Revised Page "Third Revised Page ...”,
| etc. Pages cancelled by revised pages should be removed from Tariff when the 
1 revised pages take effect.

| 3. There changes or additions to be made are in excess of the available
! space on effective pages, a page will be added to the Tariff, to which the same 
1 number will be given, as on the preceding page, such additional pages being des- 
.1 ignated by the letter affix, thus ”2a", ”1;a", etc., as the case may bo. The 
I reprint of such pages will be numbered consecutively as "First Revised Page 2a", 
f "Second Revised Page 1+a", etc., and.pages cancelled thereby should be removed 
[ from Tariff when revised cages take effect.

Exception.--Then pages are added following last consecutively numbered page f 
in the Tariff, or a Section carrying a separate Series of Numbers, such additional! 
page or pages will be given the next consecutive number or numbers and will be § 
designated as "Original Pages", j

• £

I).. It is important that users of this Tariff, promptly on receipt of revised § 
or added pages, carefully file such pages in proper place in Tariff, and also f
check same in accordance with the- instructions given below........................ |

u" ........-................................... ;........checking"'siI et ' 'for’ 't m i f e I ' . ' ........ :... ...... ... .......\
5. Upon the receipt of revised or new paves, a check mark must bo placed I

opposite the "Correction" number (shown below) corresponding to number shown on 1
lower right hand corner of the new or changed page. If "Correction" numbers |
are properly checked as received, check marks will appear In consecutive order
with no omissions; however, if checkmarks indicate that a "Correction" has not

1 been received, request should he m 
:

adc for a copy 0:1 same.

? CORRECTION CORRECTION CORRECTION CORRECTION CORRECTION f
NUMBER HUMBER NUMBER NUMBER NUMBER f

i ' i
i l » ........ 1+6 61 i
i 2 17 32 1+7 6 2. f
1 3 18 33 i+e 63 |
1 1+ 19 31+ 1+9 4+ |
l 5 2.0 33 50 65 !
1 6 21 36 51 66 f
I 7 22 37 52 67
i 8 23 33 53 68 |
! 9 2h- 39 5l+ 69 f
£ 10 25 l+o 55 70 i
I 11 26 .1+1 96 71 J
! 12 27 1+2 57 72
i 13 20 1+3 58 73 I
f 11+ 29 14+ 59 71+ I
1 15 30 1+5 60 75 I
s •
j THE END )

t .*«J*»H.i.t***‘ *

D
efen

d
a

n
t’s E

xh
ib

it N
o.



202

Findings of Fact, Conclusions of Law and Judgment.

(Entered June 15, 1948)

Shelbouene, J.

This cause came on for trial before the Court, without 
the intervention of a jury, on May 14, 1947. The evidence 
was thereafter transcribed and the cause was submitted 
to the Court on the evidence and on briefs of the parties, 
and the following facts are hereby specifically found:

(1) This Court has jurisdiction of the parties and of 
the subject matter of this action.

(2) The defendant, Southern Bus Lines, Incorporated, 
on May 6, 1946, was a common carrier of passengers by 
motor bus in interstate commerce and at said time there was 
in force at Wickliffe, Kentucky, a rule of said defendant 
requiring that colored passengers, including the plaintiff 
who was an interstate passenger, be loaded from the rear 
of its busses and white passengers from the front, which 
rule had theretofore been orally communicated to defen­
dant’s drivers, including the driver of the bus on which 
plaintiff was riding.

(3) The rule set out in Finding No. 2 was one of gen­
eral application at Wickliffe, Kentucky, on May 6, 1946, and 
was well known to the general traveling public and was 
communicated to the plaintiff at said time and place and 
before the eviction complained of herein.

(4) The rule set out in Finding No. 2 was, on May 6, 
1946, at Wickliffe, Kentucky, reasonable and necessary for



203

F in d in g s  o f  F a c t , C on clu sion s o f  L a w  and J u d gm en t

the safety, comfort, and convenience of the passengers using 
defendant’s busses, including the bus on which plaintiff was 
riding.

(5) The eviction of the plaintiff, as complained of in 
this cause, was accomplished pursuant to the rule set out 
in Finding No. 2 and was without the use of excessive force.

Conclusions of Law.

(1) The defendant, Southern Bus Lines, Incorporated, 
as a common carrier of passengers by motor bus, had, on 
May 6, 1946, at Wickliffe, Kentucky, the right and duty to 
seat all passengers on its busses, including the plaintiff, so 
as to provide for the safety, comfort and convenience of its 
said passengers.

(2) The defendant, Southern Bus Lines, Incorporated, 
had, on May 6, 1946, at Wickliffe, Kentucky, the right and 
duty to evict any passenger, including the plaintiff, who 
failed to abide by its reasonable rules and regulations for 
the safety, comfort, and convenience of its passengers.

J u d g m e n t .

I t is t h e r e f o b e  o b d e b e d  and adjudged that plaintiff’s 
complaint be dismissed and that she recover nothing 
thereby, and that the defendant recover its costs in this 
action.



204

Motion and Grounds for New Trial.

(Filed June 23} 1948)

The plaintiff, Elizabeth Whiteside, moves the Court to 
set aside the decision and judgment of the Court herein 
and to grant this plaintiff a new trial, upon the following 
grounds:

1. The decision and judgment are not sustained by suffi­
cient or substantial evidence;

2. The decision and judgment are contrary to law;

3. The Court erred in admitting incompetent and irrele­
vant evidence offered by the defendant on the trial of this 
cause and objected to by plaintiff at the time, as more par­
ticularly shown by the transcript of evidence herein;

4. The Court erred in rejecting competent and relevant 
evidence offered by the plaintiff on the trial of this cause, 
as more particularly shown by the transcript of evidence 
herein.

Plaintiff says that the matters hereinabove set forth 
and complained of in the above and foregoing motion and 
grounds for new trial materially affect and are prejudicial 
to her substantial rights.

J o s e p h  S. F r e e l a n d  

Attorney for Plaintiff.



205

Order.

(Entered June 28, 1948)

S helbourne, J.

The motion and grounds for new trial, filed by plaintiff 
Elizabeth Whiteside, is overruled.

The findings of fact and conclusions of law heretofore 
filed fully show the view of this case taken by the Court and 
it is, therefore, unnecessary to state further reasons why 
the motion for a new trial should be overruled.

Notice of Appeal.

(Filed July 26, 1948)

Notice is hereby given that Elizabeth Whiteside, the 
plaintiff in the above-styled action, hereby appeals to the 
Circuit Court of Appeals of the United States for the Sixth 
Circuit from the final judgment entered in this action on 
the 15th day of June, 1948, said plaintiff’ s motion for a new 
trial having been overruled on the 28th day of June, 1948.

J oseph S. F reeland 
Attorney for Plaintiff.



206

Bond for Costs on Appeal.

(Filed July 29, 1948)

We, Elizabeth Whiteside, principal, and Joseph S. Free­
land, surety, are held and firmly bound unto the United 
States of America and the defendant, Southern Bus Lines, 
Incorporated, in the penal sum of $250.00, for the payment 
of which well and truly to be made we bind ourselves, our 
executors, administrators, and assigns jointly and severally 
by these presents.

Now, the condition of this obligation is such, that if the 
plaintiff and appellant, Elizabeth Whiteside, or any one 
for her, shall pay or cause to be paid, when due, to the 
defendant and appellee, Southern Bus Lines, Incorporated, 
and to the officers of the Court the costs of the appeal herein 
if said appeal is dismissed or the judgment affirmed, or of 
such costs as the Circuit Court of Appeals for the Sixth 
Circuit may award to said persons if the judgment is modi­
fied, this obligation shall be and become null and void, other­
wise to remain in full force and effect.

W itness our hands this 26th day of July, 1948, at 
Paducah, Kentucky.

E lizabeth W hiteside

By J oseph S. F reeland 
Her Attorney

J oseph S. F beeland 
Surety.

7-29-48
Surety, Joseph S. Freeland, makes statement that he is 

sole owner of real estate located in Paducah, Ky., reason­
ably worth $5,000.00, with no encumbrances thereon. C. H. 
Bennett, D. C.



207

Designation of Record on Appeal.

(Filed August 3, 1948)

The plaintiff and appellant, Elizabeth Whiteside, desig­
nates the complete record and all the proceedings and evi­
dence in this action to be contained and included in the 
record on the appeal herein.

T his the 3rd day of August, 1948.

J oseph S. F reeland

Attorney for Plaintiff (Appellant)

Motion.

(Filed August 3, 1948)

The plaintiff and appellant, Elizabeth Whiteside, moves 
the Court to extend the time for filing the record and docket­
ing the appeal in this action to and including the 24th day 
of October, 1948, said day being the ninetieth day from the 
date of filing of plaintiff’s notice of appeal on July 26, 1948.

J oseph S. F reeland

Attorney for Plaintiff (Appellant)

Service of a copy of the foregoing motion is accepted 
and acknowledged, this 3rd day of August, 1948. W e have 
no objection to the extension of time as prayed in the 
motion.

W aller, T hrelkeld & W hitlow
Attorneys for Defendant (Appellee)

by H enry 0 . W hitlow.



208

Order Extending Time for Filing Record on Appeal.

(Entered August 4, 1948)

S helbourne, J.

On motion filed by plaintiff’s counsel and by agreement 
of counsel for defendant, it is ordered that the time for 
docketing and filing the appeal in this action in the United 
States Circuit Court of Appeals for the Sixth Circuit be ex­
tended to and including the 24th day of October, 1948.

Clerk’s Certificate.

U nited States oe A merica )v gg *
W estern D istrict of K entucky ^

I, W. T. B eckham, Clerk of the United States District 
Court in and for the Western District of Kentucky, do 
hereby certify that the foregoing H  pages constitute a 
true, full and complete transcript of the record, except 
briefs, of proceedings had in this court in the case of 
Elizabeth Whiteside v. Southern Bus Lines, Incorporated, 
Civil Action No. 419, Paducah Division, as same appears 
of record and on file in my said office, and as provided in the 
Designation filed herein by appellant on August 3rd, 1948.

In t e s t i m o n y  w h e r e o f , I have hereunto sub­
scribed my name and affixed the seal of the 
aforesaid Court at Paducah, Kentucky, this 
15th day of October, A. D. 1948.

W. T. B eckham 
Clerk.

( s e a l )

By C. H. B ennett 
Deputy Clerk.



L aw yers P ress, I n c ., 165 William St., N. Y. C. 7; ’Phone: BEekman 3-2300