Ephraim v. Safeway Trails, Inc. Appendix to Brief of Defendant-Appellant

    Hutted States (Enurt uf Appeals

For the Second Circuit

No. 29064

FLORENCE BLAIZE EPHRAIM,

Plaintiff-Appellee,
AGAINST

SAFEWAY TRAILS, INC.,
Defendant-Appellant.

Osr A ppeal  F eom  t h e  U n ited  S tates D istrict  C ourt 
F or t h e  S o u th ern  D istrict  op N e w  Y ork.

APPENDIX TO BRIEF OF DEFENDANT-APPELLANT

H e n r y  S . M iller ,
Attorney for Defendant-Appellant, 

475 Fifth Avenue,
New York 17, N. Y.

Loraat A ppeal Peess, I nc., 41 Vesey Street, New  York, N . Y . WOrth-2-068&



I N D E X

PAGE

Statement Under Rule 15(b) ..................   la

Complaint ......... ............................... ..................... la

Answer ....... ................... .................... ....................  5a

Excerpts from Plaintiff’s Interrogatories Addressed
to Defendant and Answers Thereto .................. 8a

Opinion by Cashin, D. J...................... .......... ............ 10a

Judgment ..............................................................   19a

Notice of Appeal .......................    20a

Excerpts From Testimony.......................................... 21a

Plaintiff’s Exhibit 1 ..................................................  159a

Plaintiff’s Exhibit 2 ........................   161a

Plaintiff’s Exhibit 3 ..............      161a

Plaintiff’s Exhibit 4 .....................       161a

Plaintiff’s Exhibit 5 ................................................... 161a

Plaintiff’s Exhibit 6 .......................................  161a

Plaintiff’s Exhibit 6A .................................................. 162a,

Plaintiff’s Exhibit 7 ................................................... 163a



11 INDEX

PAGE

Plaintiff’s Exhibits 8 and 9 .......................................   163a

Defendant’s Exhibit A ...............................................  163a

Defendant’s Exhibit B ............................................... 165a

Defendant’s Exhibit C ...............................................  167a

Defendant’s Exhibit D ............................................... 168a

Defendant’s Exhibit E .......................................  168a

Defendant’s Exhibit F ............................................... 168a

EXCERPTS FROM TESTIMONY

W itnesses fob P lain tiff  

Florence Blaize Ephraim:
Direct ...................................................     21a
Cross ..........................    62a
R e-direct.............................................................. 85a, 88a
Re-cross ................................................................  87a,

Rosa Lee Benjamin:
Direct ....................................................................  89a
Cross .......       100a
R e-direct........................................................    110a



INDEX

PAGE

Edith Cecile Reid:
Direct .......................................    147a
Cross ......................................................................  151a
Re-direct................................................................. 154a
Re-cross .......................................    154a.

W itnesses fob D efendant  

Thomas B. Stevens:
Direct ....................    112a
Cross ......................................................................  131a
Re-direct ............................................................... 144a
Re-cross ................................................................. 146a

Milton Daniel Beacher:
Direct ....................................................................  156a
Cross ...................................    157a

i i i



la

Statement Under Rule 1 5 (b )

This action was commenced by the issuance of a sum­
mons from the Office of the Clerk of the United States 
District Court for the Southern District of New York on 
January 18, 1961. Defendant’s answer was filed on Feb­
ruary 3, 1961. The case was tried on the 10th, 11th and 
16th of March, 1964. Judgment in favor of plaintiff for 
the sum of $5,000 and costs was filed on June 4, 1964.

Complaint

UNITED STATES DISTRICT COURT

F ob t h e  S o u th ern  D istrict  op N e w  Y ork

— — — o — — —

[SAME TITLE]

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

Plaintiff, complaining of the defendant by her attor­
neys Lubell and Lubell and Charles T. McKinney, re­
spectfully shows to this Court and alleges:

F ir s t : That at all the times hereinafter mentioned 
plaintiff was and still is a resident of the State of New 
York, City of New York, County of Kings.

S e c o n d : Upon information and belief and at all the 
times hereinafter mentioned the defendant was and still 
is a corporation duly organized and existing under and 
by virtue of the laws of the State of Maryland, with its 
principal place of business in Washington, District of



2 a

Complaint

Columbia, and licensed to do business in the State of 
New York and is doing business in the County of New 
York.

T h ir d : That the claim for relief herein on behalf of 
the plaintiff is for an amount in excess of $10,000.00.

F ourth  : That at all the times herein mentioned the de­
fendant was and still is engaged in interstate commerce 
as a common carrier of passengers for hire and at all 
times hereinafter mentioned, owned, operated, managed 
and controlled certain buses and motor coaches running 
between New York City, New York and Montgomery, 
Alabama.

F ir th  : That at all the times herein mentioned plain­
tiff was lawfully a passenger on a certain bus or motor 
coach above described, owned, operated, managed and 
controlled by the defendant and had paid the fare en­
titling her to be transported therein having purchased in 
the City of New York, State of New York, round-trip bus 
ticket for passage between New York City, New York and 
Montgomery, Alabama and was riding in a. certain bus or 
motor coach owned, operated, managed and controlled by 
the defendant as it traveled between Raleigh, North Caro­
lina and Montgomery, Alabama,

S i x t h : That in the late hours of the 6th day of August, 
1959 or the early hours of the 7th day of August, 1959, 
while plaintiff was a passenger as above described upon 
the said bus or motor coach and at a place between Ral­
eigh, North Carolina and Montgomery, Alabama, and 
more particularly in the State of Georgia at, between or



3a

Complaint

near Columbus, Georgia and Augusta, Georgia, through 
the negligence, carelessness and breaches of duty of the 
defendant as hereinafter alleged plaintiff was assaulted, 
beaten, pushed, clubbed with a heavy instrument and 
kicked by a person who was on the said bus or motor 
coach; that the said person demanded that the plaintiff 
move to a rear seat on the said bus or motor coach al­
though the plaintiff was legally, lawfully and rightfully 
occupying a seat at the said time; that the said person 
prevented the plaintiff from moving further to the rear 
of the said bus or motor coach and that through the use 
of force and violence kidnapped the said plaintiff from 
the said bus or motor coach; that the said person insulted 
and humiliated the plaintiff using derogatory terms di­
rected to her race; causing the serious injuries to the 
plaintiff as hereinafter alleged.

S eve n th  : That upon information and belief, the afore­
mentioned assault, beating insults and kidnapping and the 
injuries resulting therefrom hereinafter stated were 
occasioned solely by the negligence, carelessness and 
breaches of duty of the defendant in permitting a person 
known to practice brutality upon Negroes to board the 
said bus or motor coach, in informing the said person of 
plaintiff’s position on the bus or motor coach, in failing 
to advise the plaintiff of the dangers of her position on 
the bus or motor coach, iu failing to warn the plaintiff of 
the pending assault herein alleged, iu failing to take pre­
cautions to protect the plaintiff from the assailant, in 
failing to prevent the assault on the plaintiff, in failing 
to prevent the plaintiff from being forcibly ejected from 
the bus or motor coach, in failing to provide adequate



4a

protection to the plaintiff and members of her race on 
the said bus or motor coach at the place and time the 
said assault occurred, in having the plaintiff at the said 
place and time under the conditions herein described, in 
violating its duties under statutes in such cases made and 
provided; and the defendant was otherwise careless and 
negligent in failing and omitting to take proper and suit­
able precautions to avoid the said assault.

E ig h t h : That, upon information and belief, the said 
assanlt, beating, insnlts and kidnapping was participated 
in and aided by employees, servants and agents of the 
defendant while within the course of their duties and 
was incident to the performance of these duties.

Ninth : That the said assaults was caused without any 
negligence on the part of the plaintiff contributing thereto.

T enth: That by reason of the premises, this plaintiff 
was rendered sick, sore, lame and disabled, and was hos­
pitalized, and her injuries, upon information and belief, 
are of a permanent character; that by reason thereof, she 
has been rendered unable to follow her usual vocation, 
has been obliged to incur an expense and obligation for 
medical care and attendance and she is informed and 
believes she will in the future be prevented from follow­
ing her usual vocation and will be obliged to incur a fur­
ther expense and obligation for medical care and attend­
ance, by reason thereof, all to her damage in the sum of 
$125,000.00.

W herefore, judgment is demanded against the defend­
ant in the sum of One Hundred Twenty Five Thousand

Complaint



5a

($125,000.00) Dollar's, together with the costs and dis­
bursements of this action.

L u bell  an d  L u bell  and  
C harles  T. M cK inneiY

Attorneys for Plaintiff
(Verified by Florence Blaize Ephraim, January 13, 1961)

Answer

Answer

UNITED STATES DISTRICT COURT
F oe t h e  S o u th ern  D istrict  o p  N e w  Y ork

61 Civil Action File 210
-------- -o-------—

[SAME TITLE]
--------- o---------

Answer of Defendant to Complaint

Defendant Safeway Trails, Inc., answering the com­
plaint herein by its attorney Henry S. Miller alleges:

1. It denies knowledge or information sufficient to 
form a belief as to any of the allegations contained in 
Paragraph marked First of the complaint.

2. It denies each and every allegation contained in 
Paragraphs marked Sixth, Seventh, Eighth, Ninth and 
Tenth of the complaint.

3. It admits that it was and still is engaged in inter­
state commerce as a common carrier of passengers for



6a

hire but denies each and every other allegation contained 
in Paragraph Fourth of the complaint.

4. It denies each and every allegation contained in 
Paragraph Fifth of the complaint except that it has no 
knowledge or information sufficient to form a belief with 
respect to the allegations therein that plaintiff was law­
fully a passenger on a certain bus or motor coach and 
that plaintiff had purchased a ticket in New York City 
from the defendant as alleged in said Paragraph Fifth 
of the complaint.

For a First Special Defense the Defendant 
Further Alleges:

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

For a Second Special Defense the Defend­
ant Further Alleges:

Answer

6. Defendant operates as a common carrier of pas­
sengers by motor bus principally between the City of 
New York and the City of Washington, District of Co­
lumbia, pursuant to the provisions of the Interstate 
Commerce Act (Title 49 U. S. Code) and the rules and 
regulations of the Interstate Commerce Commission es­
tablished thereunder and defendant has no regular route 
interstate operating authority to and from points south of 
Washington, D. C.

7. Pursuant to the said Interstate Commerce Act and 
the rules and regulations of the Interstate Commerce 
Commission defendant is authorized to and does act and



7a

on or about the 6 th day of August, 1959, did act, solely 
as agent for the sale of tickets for other public carriers 
operating motor buses south of Washington, D. C., in­
cluding the routes between Raleigh, North Carolina, and 
Montgomery, Alabama, and between or near Columbus, 
Georgia, and Augusta, Georgia.

Answer

8. At all times all tickets sold by defendant to pas­
sengers for transportation to points south of Washing­
ton, I). C., including Raleigh, North Carolina, Montgom­
ery, Alabama, Columbus, Georgia, and Augusta, Georgia, 
bore the printed notation “ Subject to tariff regulations*”  
and also bore a notation that in selling the ticket and 
checking baggage thereon the selling carrier acts only as 
agent and is not responsible beyond its own line.

9. By reason of said statute and regulations and by 
reason of the provisions on the ticket sold to plaintiff 
limiting the responsibility of defendant as aforesaid, if 
any ticket was sold by defendant to plaintiff, the defend­
ant is not liable for any act committed on any bus south 
of Washington, I). C., which was not operated or con­
trolled by defendant.

10. If plaintiff purchased the ticket and traveled as 
alleged in the complaint then she purchased such ticket- 
under the conditions limiting the liability of the defend­
ant as aforesaid of which plaintiff had knowledge.

W herefore de fen d an t dem ands ju d gm en t that the co m ­
p la in t be d ism issed  w ith  costs.

Dated: New York, N. Y.
February 1, 1961.

H ek ry  S. M iller  
Henry S. Miller 

Attorney for Defendant



I nterrogatories

4. Were tickets for transportation on buses, referred 
to in “ 3”  sold to the public on or about July 31, (sic) 
1959!

5. Were tickets for transportation on buses referred 
to in “ 3”  offered for sale to the public at the Port Au­
thority Bus Terminal in New York City?

6. On or about July 31, 1959, were each of the follow­
ing activities conducted, operated, and directed wholly 
by defendant’s officers, servants and employees?

(a) Publication and distribution of timetables such as 
referred to in “ 1” ?

(b) Sale of tickets referred to in “ 4” ?
(c) Operation of any office, agency, or ticket window 

at, or in connection with, the Port Authority Bus Termi­
nal in New York City, for distribution of schedules and 
timetables referred to in “ 1” ; sale of tickets referred to 
in “ 4” ; issuance to the public of information relating to 
such schedules, timetable, and sale of tickets; acceptance 
of reservations therefor; and the like?

Excerpts From Plaintiff’ s Interrogatories Addressed
to Defendant and Answers Thereto

A nswers to F oregoing I nterrogatories

4. Tickets may be purchased in New York City from 
many carriers for transportation to many points. When 
the destination point is beyond the authorized line of the 
originating carrier, then the passenger may purchase a



9a

Excerpts From Plaintiff’s Interrogatories

multiple tear coupon ticket consisting of a ticket for each 
line over which he may travel to arrive at his destination, 
in the same fashion, for example, as a person would travel 
from coast to coast by railroad. Each coupon identifies 
the line over which the transportation will be performed. 
This was true on July 31, 1959.

5. Undoubtedly yes, as outlined in answer number 4.

6. (a) Defendant published a timetable for service 
over its own line.

(b) If defendant were to sell tickets for transporta­
tion beyond its own line, it would be acting* for the certifi­
cated carrier subject to and in accordance with applicable 
Interstate Commerce Commission regulations and tariffs 
and such other limitations and conditions as imposed by 
law.

(c) On July 31, 1950 defendant had a ticket counter in 
the Port Authority Bus Terminal in New York City from 
which it distributed timetables showing transportation 
over its own. line; the only timetable showing service to 
Montgomery, Alabama of which defendant is aware would 
show service over the line of a connecting carrier and 
identified as such; tickets were sold as referred to in an­
swer number 4; reservations were accepted on a first 
come-first served basis for transportation over defend­
ant’s line subject to appropriate rules and regulations. 
Generally, the passenger would remain in the same seat 
until changing to a vehicle of a line other than defend­
ant’s, as plaintiff apparently did in this case.



10a

Opinion by Cashin, D . J.

Ca s e in , D. J.
In this action plaintiff seeks to recover damages for 

personal injuries she sustained in the State of Georgia, 
while she was traveling by bus on a trip from New York 
City to Montgomery, Alabama.

Plaintiff, Florence Blaize Ephraim, a Negro lady, is a 
naturalized citizen of the United States, and a citizen and 
resident of the State of New York. In August 1959, the1 
time of the incident herein, she was 38 years of age and 
was employed in New York as a registered nurse.

Defendant, Safeway Trails, Inc. is a corporation or­
ganized under the laws of Maryland. Its principal place 
of business is in Washington, D. C., and it is licensed to 
do business in New York.
~̂-X)n July 31. 1959. jd aaTitiff went to the Port Authority 
Bus Terminal in Manhattan and inquired about a round 
trip ticket from New York to Montgomery, Alabama. 
She paid defendant’s ticket agent $55.80 and in return 
received a long strip of 12 detachable ticket stubs, with 
each stub being good for travel on the particular line 
designated thereon by initials. Qn each stub there' is 
legend denoting that the origin of the trip is “ New York”  
and the destination “ Montgomery, Ala.”  On each stub 
there is a legend describing the separate lap of the jour­
ney to Montgomery and return to New York, and a, nota­
tion that it was issued “ For Account of (S ).”  On the 
back of the stubs “ S ”  is described as “ Safeway Trails, 
Inc.”  The agent at the defendant’s ticket booth assured 
plaintiff that on interstate buses there are reservations, 
and that she would get a seat.



11a

On August 6, 1959, at 12:30 A.M., plaintiff boarded a 
motor bus owned and operated by defendant and de­
parted on her trip to Montgomery. During the trip 
southward there were several changes of drivers. De­
fendant’s drivers did not operate south of Washington. 
When the bus reached that city, defendant’s driver left 
the bus and it was taken over by another driver. Plain­
tiff had a reservation as far as Raleigh, North Carolina. 
When plaintiff arrived in Raleigh there was a change of 
buses and drivers.

During the continuing course of the trip southward 
through Georgia, the bus had occasion to stop, and a 
white woman and two small children boarded. When the 
white woman sawT that there were no seats available in 
the front of the bus (although there were empty seats in 
the rear), she complained to the driver. The bus driver 
asked two young men in the front of the bus to permit 
the woman to be seated. When they refused, the driver 
approached plaintiff and a Mrs. Rose Benjamin, another 
Negro woman with whom plaintiff had become friendly 
during the course of the trip and who was seated next to 
her. The driver told them “ You ought to go to the back 
of the bus,”  but they refused. He then told the white 
woman not to worry and that he would “ make a phone 
call.”  He left the bus and returned about five minutes 
later.

The bus continued on its way and stopped some time 
later at the town of Warrenton, Georgia. In the mean­
time plaintiff had fallen asleep, but Mrs. Benjamin was 
awake and her testimony as to what transpired was fully 
credible. When the bus stopped at Warrenton, the driver

Opinion by Gaskin, D. J.



12a

got off and returned shortly thereafter, followed by a 
man who was carrying a club and a pistol and who ap­
peared to be a policeman. The bus driver said to the 
man “ Those two colored girls.”  The policeman then ap­
proached plaintiff and Mrs. Benjamin and said “ Get to* 
the back.”  Mrs. Benjamin did so. He then rudely awak­
ened plaintiff, and when she refused to go to the back 
of the bus he pulled on her sweater and told her to leave 
the bus. As she started down the aisle to do so, the 
policeman shoved her and clubbed her on the head. As 
she was pushed off the bus, she screamed “ Lord have 
mercy, please don’t let him kill me.”  When this hap­
pened, Mrs. Benjamin and a white woman attempted to 
go to plaintiff’s aid, but when the bus driver saw them 
going toward the door to leave, he closed the door and 
pulled off.

Plaintiff was rendered unconscious from the beating 
she sustained, and sometime later she awoke to find her­
self sprawled over a bench, with her head toward the 
ground. She was in the presence of two white men, and 
felt some blows to her legs. Her clothes were saturated 
with blood and she was in considerable pain. The two 
men threatened to kill her and subjected her to much 
verbal abuse concerning her race. They put her in the 
back seat of an automobile and drove off. She was bleed­
ing profusely, however, so they finally took her to the 
McDuffie County Hospital, where they told a nurse “ Just- 
put two stitches in her and let her go.”  The nurse told 
them, however, that in view of plaintiff’s condition she 
would have to be admitted to the hospital and would 
have to remain there. Plaintiff was given emergency 
care and treatment for her injuries.

Opinion hy Gash,in, D. J.



13a

The next day she was told by someone at the hospital 
that she was wanted by the authorities at Warren ton. 
When plaintiff learned this, she paid the hospital bill and 
was permitted to leave by the hospital personnel. She 
returned immediately to New York City by airplane.

On a trip from New York to Montgomery, Alabama, 
a patron, would travel on the line of' defendant Safeway 
Trails, Inc. from New York to Washington. D. C. ;Trom 
WnsKniton, D. C. to Biehmojid,:,Wirginj.a,.. on..the line o f 
Virginia Stage Lines, Inc.; from Richmond, Virginia, to 
Fayetteville, North Carolina, on the line of the Carolina 
Coach Company; from Fayetteville, North Carolina, to 
Augusta, Georgia, on the line of the Queens City Coach 
Company; from Augusta to Columbus, Georgia, on the 
line of Southern Stages, Inc.; and from Columbus, 
Georgia, to Montgomery, Alabama, on the line of Capitol 
Motor Lines, Inc. The line passing through Warrenton, 
Georgia, where this incident occurred, is that of Southern 
Stages, Inc.

Defendant received a commission of 10% of the total 
cost of the ticket attributable to the transportation of 
plaintiff over the lines of the connecting carriers op­
erating south of Washington, D. C.

Plaintiff has sued only one defendant, Safeway Trails, 
Inc. It is the latter’s contention that it merely acted as 
agent for the sale of tickets for the connecting carriers, 
and consequently it is the wrong defendant. On the back 
of each of the tickets, comprising the round trip ticket 
issued by defendant to plaintiff, the following words were 
printed:

“ In selling this ticket and checking baggage 
thereon the selling carrier acts only as agent and

Opinion by Cashin, D. J.



14a

is not responsible beyond its own line and does not 
assume expense of transfer at any junction or 
guarantee any connections.”

Opinion by Cashin, D. J.

On the front of the tickets was printed: “ Subject to1 
Tariff Regulations.”  Defendant also asserts, that the 
disclaimer of responsibility included in the filed tariff 
immunizes it from liability herein. Rule 6(4) of Section 
A3 of the Rules- and Regulations filed by defendant with 
the Interstate Commerce Commission provides as fol­
lows :

“ In issuing tickets and checking baggage under 
tariffs subject hereto for passage over the lines 
of other carriers participating in such tariff, the 
issuing carriers shown in such tariff act only as 
agents and do not assume responsibility for trans­
portation over the lines of other carriers except 
as responsibility may be imposed by law with re­
spect to baggage.”

A  carrier may provide that it will not be responsible- 
/for transportatiolr-'teyond its own line. Indeed, the gen­
eral rule is that a carrier is only responsible for acts 
over its own line, acts over which it has control. Louis­
ville S N. R. Co. v. Chatters, 279 IT. S. 320 (1929); 
Spears v. Transcontinental Bus System, 226 F. 2d 94, 97 
(9 Cir. 1955); Solomon v. Pennsylvania R. Co., 96 F. 
Supp. 709 (SDNY). Further, cases have held that the 
limitation of liability on the ticket by the selling carrier 
as to its own line becomes the lawful condition upon 
which the service is rendered, binding on the carrier and 
the patron. Louisville & N. R. Co. v. Chatters, 279 U. S. 
at 331; Glaser v. Pennsylvania R. Co., 82 N. J. Super. 16, 
196 A. 2d 539 (1963)/



Opinion by Cashin, I). J.

Under the circumstances of the present case, however, 
it is the opinion of this court that although the exculpa­
tory declarations on the back of the tickets, as well as 
Rule 6(4) of the tariff, would apply where there is a 
mere sale of the ticket, there are other factors present 
here, in addition to a mere sale of a ticket, wdiich render 
this defendant liable. A  contrary result was reached in 
Glaser v. Pennsylvania R. Co., supra, but it was explictly 
found by the court there that the record was destitute of 
proof that any compensation had been received for sell­
ing the through or coupon ticket for use beyond the sell­
ing carrier’s line. 196 A. 2d at 542.

In the present ease, the defendant received 10% of 
the proceeds derived from the transportation of plaintiff 
over the lines of the connecting carriers. In addition, 
there was an explicit statement on each stub that it was 
issued for the account of this defendant. Further, when 
the round-trip ticket was sold to plaintiff, there were 
representations made to plaintiff that this defendant—had- 
undertaken the responsibility of transporting plainU£f_to~- 
Kef destination. Thus, the totality of these additional 
factorsreiuIFl^ the defendant in this case becoming the 
principal in the engagement to transport plaintiff to 
Montgomery, Alabama, and render the disclaimers in­
operative to exempt defendant from liability.

Defendant contends, moreover, that the assault upon 
plaintiff was not committed by a driver or employee of 
Southern Stages Inc., but by a known police officer or 
sheriff. Further, it is contended that the acts of the 
officers were committed without the permission or author­
ization of any of defendant’s agents, and that the driver 
or agent of a bus company is powerless to interfere with 
a known police officer.



16a

The .applicable law was set forth at some length in 
Matthews v. Southern Ry. System, 157 F. 2d 609, 610-11 
(D. C. Cir. 1946):

“ This ease is governed by the rales of law ap­
plicable to the obligations of a common carrier to 
its passengers and its liabilities for breach of those 
obligations. A common carrier is required to pro­
tect its passengers against assault or interference 
with the peaceful completion of their journey. But 
,an exception to the general rule is that an agent 
of the carrier is not required to interfere with a 
known officer of the law apparently engaged in the 
performance of his duty. This exception covers 
the action of an agent of a carrier in pointing out 
to a known officer of the law persons as to whom 
the officer inquires . . . Under the exception, the 
railroad is not liable for action of its agents in 
notifying police officers of violations of law or 
suspected violations. This latter is so because of 
the basic public policy which protects such notifi­
cation generally and also because of the primary 
duty of the conductor of a train to protect pas­
sengers from injury by others; e.g., assault, rob­
bery, insult, disturbance, etc., in which cases the 
conductor must call the police. But the exception 
goes no further. It does not cover the action of 
the agent in otherwise causing, procuring, assist­
ing in, or participating in the arrest or ejection, 
or where the arrest is at the instance of the agent. 
In other words, there is a clear line between the 
action of an agent of a carrier in merely notifying 
the police of a violation of law or identifying per­
sons at the request of a police officer, and his action

Opinion by Caskin, D. J.



17a

in going beyond mere notification or identification 
and by some additional act procuring, causing,

I , - directing, or participating in an arrest or ejec-

In tbe instant case, the evidence is abundantly clear 
that the entire occurrence was instigated by the bus 
driver. Plaintiff was not causing a disturbance, and had 
not violated any regulation or law.. Notwithstanding this 
fact, the driver left the bus and made a telephone call 
to the police and deliberately brought about the unlawful 
ejection of plaintiff from the bus. He himself directed 
the officer to plaintiff without any prior request, and fur­
ther prevented anyone from coming to plaintiff’s assist­
ance. This is a clear case in which the driver maliciously 
initiated, instigated and brought about the unlawful ejec­
tion of plaintiff and thereby proximately caused the 
damages and injuries sustained by her. Under these 
circumstances, it is no defense that the physical assault 
itself was not committed by the driver.

I come now to a determination of the amount of plain­
tiff’s damages. At the time of this occurrence, plaintiff 
was employed as a nurse on a per diem basis, with daily 
earnings of approximately $12.50. As a result of the 
injuries sustained herein, she was absent from work 20i 
days, for a total loss of earnings of approximately $250. 
In addition, plaintiff paid $39 for the hospital bill at the 
McDuffie County Hospital, and $23 to a doctor there. In 
New York she paid $40 for x-rays and a total of $45 
to her physician.

Plaintiff was struck on the head and sustained a lacera­
tion of the forehead. I accept the testimony of Dr. Edith

Opinion by Cashin, D. J.



18a

Alexander, plaintiff’s physician, that plaintiff suffered 
a cerebral concussion as a result of this incident. The in­
jury to her forehead has resulted in a small permanent 
soar which remains sensitive to the touch. She still suf­
fers occasional spells of dizziness attributable to the blow 
to her head. She sustained a hematoma of her right 
shin, and various other cuts and bruises. She also has 
a slight permanent soar over the anterior tibial surface 
of the right leg. Further, plaintiff suffered emotional 
distress and humiliation as a result of this incident. I 
find that plaintiff is entitled to recover damages in the 
sum of $5,000.

The above shall constitute my Findings of Fact and 
Conclusions of Law.

Submit judgment.

Opinion by Cashin, D. J.

J o h n  M. Ca sh in  
United States District Judge

Dated: New York, N. Y. 
May 22nd, 1964.



19a

Judgment

UNITED STATES DISTRICT COURT 

S o uth ern  D istrict  of N ew  Y ork 

Civil Action No. 61 Civ. 210 

4̂ 66,686

■--------------------------------------- o — ---------------— —

F lorence B laize  E p h r a im ,
Plaintiff

AGAINST

S afew ay  T rails , I n c .,
Defendant

---------— ----- o-------------------

This action came on for trial before the Court, Honor­
able John M. Cashin, District Judge, presiding, and the 
issues having been duly tried and a decision have been 
duly rendered,

I t is  ordered and  adjudged that the plaintiff. Florence 
Blaize Ephraim, recover of the defendant, Safeway Trails, 
Inc., the sum of Five Thousand ($5,000.00) Dollars, with 
interest thereon from the 4th day of June, 1964, at the 
rate of Six (6%) Per Cent, as provided by law, and 
her costs of action in the amount of $149.10.

Dated at New York, N. Y., this 4th day of June, 1964.

(S) J o h n  M. Cash in  
U. S. D. J.



20a

Notice of Appeal

UNITED STATES DISTRICT COURT 

S ou th ern  D istrict  op N ew  Y ork  

Civil Action No. 61 Civ. 210

—  --------------o— ----------------

F lorence  B laize  E p h r a im , 

a g a i n s t

Plaintiff,

S afew ay  T rails , I n c .,
Defendant.

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

Notice is hereby given that Safeway Trails, Inc., the 
defendant above named, hereby appeals to the United 
States Court of Appeals for the Second Circuit from the 
final judgment entered in this action on June 4, 1964.

Dated: New York, N. Y.
June 11, 1964

H en ry  S. M iller  
Attorney for Appellant 

Safeway Trails, Inc.
Office & P. 0. Address

475 Fifth Avenue 
Borough of Manhattan (17)

City of New York

L u bell , L u bell  and  J ones 
Attorneys for Plaintiff 
165 Broadway 
New York 6, N. Y.



21a

Excerpts From Testimony

F lorence  B laize  E p h r a im , th e  p la in tiff, ca lled  as a 
w itness in h er ow n  beha lf, b e in g  first d u ly  sw orn , testi­
fied  as fo l lo w s :

(14)
#  # # #  *

Direct Examination by Mr. McKinney.

Q. Mrs. Ephraim, are yon the plaintiff in this action? 
A. Yes.

Q. Are yon a citizen of the State of New York? A. 
I am.

Q. Are you presently residing in the City and State of 
New York? A. Yes, I am.

Q. Are y o u  a citizen of the United States? A. Yes, 
I am.

Q. Were you at the time that this action was com­
menced? A. I was.

Q. Where do you presently reside? A. 799-A Monroe 
Street, Brooklyn 21.
(15)

Q. Where did you reside at the time of this action in 
1961? A. At 799-A Monroe Street, Brooklyn 21.

Q. Where did you reside at the time of the incident 
alleged in the complaint in this action ? A. 799-A Monroe 
Street, Brooklyn 21.

*  *  *  #  *

Q. How old are you, Mrs. Ephraim! A. 42,

# # # # #



22a

Q. Are you employed, Mrs. Ephraim? A. I am.
Q. What is your profession or occupation? A. I am a 

registered professional nurse.
Q. Are you registered pursuant and under the laws of

(16)

the State of New York? A. I am.
Q. A  member of the State Registry? A. I have it in 

my bag. Yes, sir, I have it with me.

The Court: There is no question about that, 
that she is a registered nurse?

Mr. Miller: No.

Q. When did you first become registered as a nurse in 
the State of New York? A. In the year 1952.

Q. Prior to that time had you been registered else­
where? A. Yes, I was registered in England, London.

Q. In what year were you registered in England? A. 
1948, November 21.

Q. Did you for a time after becoming registered as a 
nurse in England in 1948 practice your profession in 
that country? A. Yes. I took a further course and be­
came a midwife in 1949 and practiced as a midwife in 
England until I came to this country.

Q. Incidentally, in connection with the practice of mid-
(17)

wifery in England, does that require training beyond 
that which is required to be a registered nurse? A. No, I 
took a comprehensive examination and that was all that 
was required, no training, absolutely.

Q. But you did pass an examination for that purpose? 
A. Yes, I did.

Florence Blaise Ephraim—for Plaintiff—Direct



23a

Q. Incidentally, did you take an examination when you 
came to this country in order to be registered here in 
New York State? A. Just a comprehensive, that is what 
I took here.

Q. When first did you come to the United States, Mrs. 
Ephraim? A. I came to the United States on the 22nd 
of December, 1951.

Q. Did you subsequently at some time become natural­
ized as a citizen of this country? A. Yes.

Q. When did you become so naturalized? A. 1958.
Q. Since your arrival in this conuntry in 1951, Mrs.

(18)

Ephraim, have you been employed and have you prac­
ticed as a nurse in this country? A. Yes.

* * # # #
( 20')

Q. At the time in August of 1959, at which time you 
were working as a registered nurse in the Veterans Ad­
ministration Hospital on 24th Street and First Avenue, 
what was your per diem rate of pay? A. It was about 
$12.50 per diem.

Q. When did you leave your position with the Veter­
ans Administration Hospital? A. It was in December 
1960.

Q. After you left the Veterans Administration Hospi­
tal, where did you then become employed? A. I worked 
on a per diem basis with the Evangelical Deconess Hos­
pital and Williamsburg General Hospital on a per diem 
basis.

Q. Where are those hospitals located? A. In Brook­
lyn. ;

Florence Blaise Ephraim—for Plaintiff—Direct



Q. For how long a period of time did yon do general 
duty at these two hospitals? A. I continued there from 
1960, when I broke service with the Veterans Administra­
tion Hospital until last week, Friday,

* # # # #
( 21)

Q. Taking you back to the month of August of 1959, 
Mrs. Ephraim, do you remember that particular month? 
A. Yes, I do.

Florence Blaise Ephrainir—for Plaintiff-Direct

( 22)

Q. Did there come a time when you made inquiry with 
respect to travel arrangements from New York to the 
City of Montgomery in the State of Alabama? A. Yes.

Q. Incidentally, had you at any time prior to this 
particular occasion ever travelled from New York to 
Montgomery or any other part of the South of the 
United States? A. No.

Q. In connection with your travel arrangements to 
the City of Montgomery, will you please tell the Court 
specifically what you did and wdien ? A. On July 31, 1959, 
I left home early for work and stopped at the Port Au­
thority Bus Terminal to inquire about a round trip 
ticket from here to Montgomery, Alabama.

When I got there I 
shown !EeI was 

ticket.
(23)

There i

asked at the information desk and 
window where I should purchase the

spoke 1o the clerk at the window and told

him that I wanted a round trip ticket from here to Mont­
gomery, Alabama. He said yes, that was possible, I



25a

a ticket, and he wanted to know for what date. 
T g a ve  him thellaleT T lv lH i^ ^  ofter
work, which would be after midnight.

He said yes. I asked him about a reservation for the 
trip. T  told him I wanted to be assured 1 would get a
seat all the way, because it was a long- journey. He as­
sured me 1 would get a seat on the bus.

We proceeded to talk for a little while and he1 said
that on the bus we would have to make one change,
change bus and change driver along the route, but the 
first change of the bus would be at Raleigh, North Caro­
lina.

Q. At this time did you inquire further of the person 
from whom you purchased the ticket with respect to the 
travel arrangements? A. I inquired about a reservation, 
which I was most interested in, and thafT wanted to be 
assured of my seat, aML he assured me 1 would have only 
to change the bus, and the reason why, be explained, they 
have to change the bus, he said after such a long dis-
(24)

tance the buses have to be cleaned and therefore it is 
necessary to change the bus at Raleigh, North Carolina.

Q. Did you have any further conversation at that time 
or did you make any further inquiry with respect to your 
travel arrangements? A. It was just general conversa­
tion about the bus. I wasT'p'Milu'ular about' reservations^-
whether I would be assured of a reservation on the bus.
throughout the trip. That was my main worry, and 
whether there were any problems, because having, read 
other things I wanted to be assured, it was my maiden 
trip.

He said that on the interstate buses you get reserva­
tions and there is no problem!

-------

Florence Blaise Ephraim—for Plaintiff—Direct



26a

specifically did.you inquire of the person to
whom yon were speaking with respect to so-called prob-

| ..,,
(25)

lemsf A. The problem is whether I would get a seat or 
reser'vatio'ir'which would be mine throughout the trip, 
and I was assured and I was given a reservation.

Q. After having had this conversation with tfie person 
to whom you spoke at the ticket booth, did you pay him 
some money? A. Yes.

Q. How much, if you recall, did you pay to the person 
in the booth? A. $55.80.

Q. In return for this money that you gave to him— A. 
I received a round trip ticket.

Q. In return for this money that you gave to him, did 
you receive something? A. Yes.

Q. What were you given? A. A strip of tickets, I can­
not recall how many, but there was a long strip of 
tickets.

Q. Were they all attached? A. Yes.
Q. I show you these seven tickets, one group attached

(26)

in four and the other in three, and I ask you if these 
wore a part of the more than seven tickets that you were 
issued in an attached form at that time. A. Yes.

Mr. McKinney: I ask that they be marked.
The Court: You did not say that was her ticket. 
The Witness: I know it because of the blood on 

it; yes, it is. These are the tickets.
Q. I show you an additional ticket and ask you if this 

was attached to the group that you received. A. Yes. 
 ̂ ^

Florence Blaise Ephraim—for Plaintiff—Direct



Florence Blaise Ephraim—for Plaintiff—-Direct

(27)

Q. Pursuant to your request for reservations, Mrs. 
Ephraim, were you assigned to any particular seat! A. 
Yes.

Q. On any particular bus, leaving any particular time? 
A. Yes, I was.

Q. If you recall to what seat were you assigned and on 
a bus leaving at what time from what terminal? A. The 
bus was leaving from the Port Authority Bus Terminal 
between 12 and 12.30. The reservation was for seat 
No. 34.

* * * * *
(28)

Q. Mrs. Ephraim, having been assigned to seat 34 on 
a bus to leave at 12.30 on the morning of Friday, August
(29)

6, did you some time board that bus? A. Yes.
Q. Do you recall about what time it was that you 

boarded the bus? A. Five minutes before take-off time, 
approximately 12.25.

Q. Did the bus leave on schedule? A. Yes, I think it 
did.

Q. Where was your first stop? A. The first stop was 
in Washington, D. C.

* * * * *

Q. Permit me, if you will, to return to New York just
(30)

prior to your boarding the bus, when you had this con­
versation with the gentleman at the ticket window and



28a

you paid your money and received your ticket for the 
round trip to Montgomery and back, did you rely upon 
the representations that were made to you at that time! 
A, Yes.

* * * * *

Q. We have gotten to the point where you left the bus
(31)

for a few minutes and reboarded in Washington, D. C. 
Was that the same bus that you had boarded in New 
York at the Port Authority Terminal? A. Yes.

Q. Did you then continue to another point on that bus? 
A. Yes.

Q. Where was the next stop? A. Ealeigh, North Caro­
lina.

Q. If you recall, approximately how long did you stop 
in Raleigh, North Carolina? A. I would say approxi­
mately an hour.

Q. Did you reboard the same bus to continue on? A. 
No.

Q. Was there a change of buses at that time? A. Yes. 
Q. Did there come a time after you left Raleigh, North 

Carolina, that something occurred on the bus that at­
tracted your attention? A. Yes.

Q. Will you please tell the Court exactly what hap­
pened to the best of your recollection, indicating if you 
can at approximately what point after leaving Raleigh 
either in terms of hours or miles or place this incident
(32)
took place?

Florence Blaise Ephraim—for Plaintiff—Direct

# # # # #



29a

Q. Would you like to have the question repeated? A. 
I understood you quite well.

We changed drivers on the bus, after leaving Raleigh 
we did have some change of drivers but never the bus any 
more. It was pretty late in the evening. I couldn’t tell 
the states we passed through, because I am not familiar 
with the states as we go through, but there was a shorter 
driver, shorter than the previous drivers, and we made a 
stop and a white woman and two small children boarded 
the bus. She came in and looked——

* * * * *
(33)

A. This woman looked out of the side of her eye and 
there was no seat in the front. So she walked back with 
the children toward the driver and went to complain to 
him. Then the driver ..returned to two young Negro 
soldiers on the busand told tKuS^tWhy don’t you fel­
lows move to the back of the bus.”

They didn’t move and they said nothingNHe came to 
™ysjdf_and, another woman who was sitting nextjWTneT 
who,I got to know on the bus, and he told us, “ You ought 
to go to the back of the bus. ’ ’

I told him~T~wa5Pt movingTI had my reservations and 
I wasn’t moving.

He.m tL nothing. He left and he went to the front of
the bus and carried on another conversation with this
woman. ..’ ** ......... .. ......... ......
" She came and stood up in the aisle of the bus with the 
two children and by that time everybody was more or less 
seated except this woman with the two children standing.

The bus driver left the bus and after a while he came 
back, closed the door and just took off.

Florence Blaise Ephraim,—for Plaintiff—Direct



30a

Florence Blaise Ephraim—for Plaintiff—Direct

(34)

Q. Did the bus driver say anything before he left the 
bus? A. He was speaking to the woman. After he spoke 
to me, he spoke to her.

# # # # #

The Court: The best she could recollect it was 
late in the evening after she left Raleigh.

Do you remember what time you left Raleigh?

A. Daytime, around noon. It was noon when we left 
Raleigh. But this thing happened in the evening, later, 
late in the night more or less. We went through the 
states, I don’t know what states, because I am not fa-
(35)

miliar with the different states down there.
Q. I believe I asked you, did you hear the bus driver 

say anything just before he left the bus as you testified? 
A. He spoke, but he was speaking to the woman, I could 
not quote exactly what he said to her.

The Court: At this time were you occupying 
seat number what?

The Witness: The seat on the bus, I don’t know 
what number it was on that bus.

The Court: It wasn’t the same number that you 
got or you were assigned on your ticket?

The Witness: I didn’t know the number of the 
seat, I know where I was sitting, but not the num­
ber.



Florence Blaise Ephraim,—for Plaintiff—Direct

The Court: My question was whether that was 
the same seat number that you went out of New 
York from?

The Witness: I don’t know.
The Court: You cannot tell?
The Witness: I cannot tell that. 
The Court: All right.

(36)
Q. _When you Jimvod in Raleigh, after coining from 

Washington, you testified there was a change of busefT' 
A. Yes.

Q. Before you boarded the new bus, I take it you had 
to take your baggage off or have it taken off and put on 
the new bus.

Before you boarded the bus, did you speak to anybody 
about where you should sit? A. The bus driver.

Q. Tell the Court the conversation you had with the 
bus driver at that time? A. When I got to the bus, the 
bus driver was standing in front of the* bus as I pre­
sented my tickets. He took my strip of tickets and I 
asked for my seat, and he said, “ Lady, on this bus you 
'siT anywhere.”

* # * # #
(37)

Q. Was this the same driver who had asked you or told 
you to move to the Back! A. The very driver, yes.

Q. Was this the same driver who had told the two 
Negro young men in front of you to move to the back of 
the bus? A. Yes.

Q. Incidentally, Mrs. Ephraim, when this woman got 
on the bus, were there seats available in back of the bus? 
A. Yes, to the rear.



32a

Q. "What happened after yon continued on the journey 
following this particular incident that you testified to? 
A. I dozed off and eventually fell asleep, because I know 
I was wakened. I must have been asleep along the route. 

Q. Did there come a time when you were awakened!
(38)
A. Yes, I was.

Q. Try to fix the time, if you can, approximately how 
long after this previous incident were you awakened, hav­
ing fallen asleep? A. Maybe about an hour and a half 
or so.

Q. Will you please tell the Court the circumstances un­
der which you were awakened? A. I was asleep, when I 
felt a tap like this on the right shoulder, this voice and T 
looked up. This man was standing over me and he said, 
“ Get to the back.”

I looked and I said to him, “ I am not moving, I have 
my ticket, I have my reservation all the way from New 
York. I have my ticket and I am not moving.”

So he pulled on my sweater and said, “ Get up.”
I said, “ Wait a minute.”
At that time I was wearing a pair of TV slippers, I 

said, “ Wait a minute until I get my shoes on.”
I bent down and looked for the shoes. The shoes had 

by that time been under the seat immediately in front of 
me. I got the shoes and I put them on. I took my
(39)

pooketbook and got up. By that time, there was no one 
sitting next to me, I should add, and he stood up in the 
center aisle that leads to the back of the: bus, and he said, 
“ You go this way,”  and nudged me on.

Florence Blaise Ephraim—for Plaintiff—Direct



33a

Then he kept this on towards from where I was sit­
ting right to the front of the bus.

Q. Specifically what did he do? A. After he pulled on 
my sweater and I got my shoes on, I got up and then I 
was looking—he was standing right in the aisle, he saw 
me looking towards the rear of the bus, and he said, 
“ This way,”  and pushed me on.

The Court: Toward the back?
The Witness: Towards the front of the bus.

Q. Go ahead. A. I refused to get up before, but when 
I did, he said, “ No, you go this way,”  and pushed me 
toward the front of the bus.

Q. When he told you to get up and move to the back 
of the bus, did he give you any reason why you should 
move to the back of the bus? A. No.
(40)

Q. When he awakened you and you finally came fully 
aware of what was going on, did you see the bus driver ? 
A. The last place I could see him sitting was at the driv­
er’s seat.

* * * * *

The Court: What if anything did the bus driver 
say to you, I will allow that question.

Mr. McKinney: I will withdraw my question and 
adopt the Court’s question.

A. At that particular time------

The Court: Before that time.

Florence Blaise Ephraim—for Plaintiff—Direct



34a

A. He just told me to get to the back of the bus when 
the white woman boarded it with the two children. That 
was the only time he actually spoke to* me.

Q. Referring to the time that we have now come to, 
after you were awakened by this person, did the driver 
say anything to you? A. No.

Q. Did he do anything? A. No, nothing.
(41)

Q. Was he there when this was happening? A. I saw 
him when I woke up, I saw him sitting at the driver’s 
seat, but didn’t notice him afterwards.

Mr. Miller: Was that before she fell asleep?
The Court: No, this is at the time she was wak­

ened and the man pushed her out of the front of 
the bus.

Mr. Miller: Did she say she saw the driver at 
that time?

The Court: She said she saw him behind the 
driver’s seat.

The Witness: The last time X saw him was when 
I wakened up, he was at the driver’s seat.

Q. Would you like a little time? A. No, it is all right. 
Q. Incidentally, can you tell us approximately where 

you were seated in the bus with respect to the driver’s 
seat and the rear of the bus ? A. I was sitting on the 
same side as the driver, about the middle of the bus.

Q. You just testified or you had testified that you were 
awakened and you were pushed down the aisle towards

Florence Blaise Ephraim—for Plaintiff—Direct



35a

Florence Blaise Ephraim—for Plaintiff—Direct

(42) )

the front of the bus. What is the next thing that oc­
curred, Mrs. Ephraim? A. At the front of the bus. I 
took a couple of steps before you get off the bus.

Q. The stairwell? A. Yes, as you get down the stair­
well, 1 felt a blow on my head and a push, a blow and a 
push off the bus.

Q. Where did you feel this blow? A. On my head. I 
said, “ Oh, God,”  as I felt the blow and then I didn’t 
know anything else for a while.

Q. Then you sort of blanked out? A. Yes.
Q. What is the next thing that you remember, Mrs. 

Ephraim? A. When I became aware, I felt myself 
sprawled over what I felt to be a bench, over this way, 
my body hanging head down and my legs up.

Q. When you say you felt like you were draped over a 
bench, you mean over the back of the bench? A. Like 
this is the back of the bench and I am hanging over it.

Q. Like I am doing now (indicating) ? A. Yes.
(43)

Q. Then what happened? A. Then this male voice was 
talking and I felt another blow on my leg, on the right 
leg, and this voice was saying—may I repeat the exact 
words ?

Q. Please. A. He said, “ You goddamn niggers, sit 
down and listen to what the Supreme Court in Washing­
ton tell you to do, but when you are in Georgia every 
white man and every white woman is vour mu-1' • ”

Q. Do you know who it was? A. No.

Mr. McKinney: Question withdrawn.



36a

Q. Then, what happened! A. I felt the blood streaming 
down my face and I was just sort of dazed and had an 
excruciating pain on my shin, I bent down and took my 
dress and put it to my head to see if I could sort of ar­
rest the bleeding, and through this eye I could see what 
seemed to be like something standing there, which I took 
for the bus, and I was staggering towards it and this man 
held on to me and pulled me back, and I said, “ I have 
my things on the bus.”
(44)

He said, “ Never mind about, what is on the bus, you 
are going to be killed anyway.”

Q. Was the bus still there for a while! A. It appeared 
to me there was something standing there, which I took 
for the bus.

Q. Do you recall what you were wearing on that day 
at that time, Mrs. Ephraim! A. Yes, I was wearing a 
brown and white dress.

Q. I show you this dress and ask you if this is the 
dress that you were wearing on that occasion? A. Yes, 
this is the dress.

Florence Blaise Ephraim—for Plaintiff—Direct

#  *  # # ^

Q. What else were you wearing at that time, if you 
recall? A. I had a slip and a sweater.

Q. I show you this sweater-------
(45)

Mr. McKinney: Just a moment.
I ask that this dress be marked as Plaintiff’s 

Exhibit 2 for identification.
(Plaintiff’s Exhibit 2 marked for identification.)



37a

Q. I show you a sweater and ask you if this is a 
sweater that you were wearing on that occasion. A. Yes.

Q. I ask you to look at it and tell us whether or not it 
is now in the same condition as it was immediately after 
or shortly after the incident that you have just related. 
A. Yes.

Florence Blaise Ephraim—for Plaintiff—Direct

Mr. McKinney: I ask that this he marked for 
identification, Plaintiff’s Exhibit 3.

(Plaintiff’s Exhibit 3 marked for identification.)

Q. I show you what appears to be only for purposes of 
description a handkerchief. I ask you if you recognize 
that. A. Yes. This is my hanky that I had.

Q. Is this handkerchief now in the same condition that 
it was immediately after or shortly after the incident that 
you have just related? A. Yes.
(46)

Mr. McKinney: I ask that this be marked as 
Plaintiff’s Exhibit 4 for identification.

(Plaintiff’s Exhibit 4 marked for identification.)

Q. Has anything been done to that handkerchief since 
this particular incident in 1959 ? A.. No.

Q. I show you further for purposes of description a 
slip, and it appears to be a slip, and I ask you if you 
recognize this slip. A. Yes.

Q. Is that the slip that you were wearing? A. Yes.
Q. On that particular occasion? A. Yes, sir.
Q. Is that slip now in the same condition that it was 

immediately after or shortly after the incident that you 
have just related? A. Yes.



38a

Mr. McKinney: I ask that this be marked for 
identification.

(Plaintiff’s Exhibit 5 marked for identification.)
(47)

Q. Has anything been done to this slip since that in­
cident? A. No.

Q. I show you Plaintiff’s Exhibit 1 for identification 
and ask you to examine them, the tickets.

Did you have those tickets upon your person at the 
time of this incident? A. Yes.

Q. Do you recall where you had them? A. In my 
pocketbook.

Q. I ask you to examine the tickets and to describe the 
stains that appear upon the tickets?

Mr. Miller: I object to it.
The Court: Put them in evidence.

Q. Are these tickets in the condition they were shortly 
after the incident you hare just related? A. Yes.

Mr. McKinney: I now offer in evidence on behalf 
of the plaintiff exhibits marked for identification 
Nos. 1, 2, 3, 4 and 5.

Mr. Miller: No objection.
(Plaintiff’s Exhibits 1, 2, 3, 4 and 5 for identifi­

es)
cation received in evidence.)

Mr. Miller: I would like Exhibit 1, seven tickets 
and one so-called reservation slip, I would like to 
indicate on the record exactly what each one is.

Florence Blaise Ephraim—for Plaintiff—Direct



39a

Florence Blaise Ephraim—for Plaintiff—Direct

Mr. McKinney: Eight tickets.
Mr. Miller: Eight, tickets and one so-called reser­

vation slip.
The Court: Those are the tickets that she had. 

You can bring that out on, cross-examination.
Mr. Miller: May we read it in the record, what 

each ticket says?
The Court: No, not at this time.
They are the tickets you purchased in the Safe­

way Trails office and they were in your poeketbook 
at the time of this incident?

The Witness: Yes, your Honor.
The Court: All right.

Q. Prior to the offer of Plaintiff’s Exhibits 1 through 
5, Mrs. Ephraim, you told us that you awakened or came 
to and felt yourself draped over what appeared or felt 
to be the back of a bench, is that correct? A. Yes.
(49)

Q. You related about seeing something in a blurred 
manner that you thought to be the bus and staggered 
towards it? A. Yes.

Q. Will you please tell the Court what you did or what 
happened at this time? A. After I was staggering* 
towards what appeared to be the bus, I was told—I men­
tioned that I had my things on the bus and my suitcase 
was on the bus, and he said, “ Never mind about it, you 
will be killed anyway.”

I had my hand to my head and I was being taken by 
this man by the arm into a car. It was a two-door car, 
because the seat was pushed forward and I was pushed 
into the rear of the car, and this man left me there.



40a

Q. Before you were pushed in the car, do you recall 
seeing the bus leaved A. No, I didn’t notice it leave.

Q. At any time did the bus driver come to your aid? 
A. No, no one.

*  *  # *  *

(50)

Q. Mrs. Ephraim, what happened after you wTere 
pushed into the back of this car? A. I was left there. 
I was just bleeding, so I pushed the seat and got out.

Then this voice said to me, “ Nigger, get back in 
there.”

Then I walked into the back of the car. Then two men
(51)

came, one sat in the driver’s seat and the other sat on 
the other side and they closed the door and moved off. 
I took my hanky—I wa-s handed my pocfcetb-ook while I 
was in the back of the car, they brought it for me then, 
and I took the hanky out of the pocket-book and made a 
pad and put it on to my head to see if I could stop the 
bleeding. I was leaning forward over the front seat and 
then he said, one man said, which one- I don’t know, “ Sit 
back and don’t be spilling your goddamn blood over the 
front of the seat.”

So I sat back. The light in the car was turned on and 
then one man -said to the other, they spoke to each other, 
-and the ear stopped and they spoke- to each other and 
then one got out, to a place which appeared to be a. phone 
booth. He made a call. Then he reentered the car, 
spoke to the other one, the driver said to me, “ We will 
do you one goddamn favor which we shouldn’t even do, 
and take you to see a doctor.”

Florence Blaise Ephraim—for Plaintiff—Direct



41a

Then the ear started up and went to sort of a highway 
because it seemed to be open road.

* * * * *
(52)

Q. Mrs. Ephraim, from the time that you were first 
awakened and pushed down the aisle and struck while 
you were standing in the well of the bus, up to the time 
that you were pushed into this car and before it started 
traveling, if it did at all, please tell the Court how you 
felt? A. I was very dizzy, and had severe pain on my 
right shin, I was like in a daze, weak. It is hard to 
describe. I was frightened.

Q. Will you speak a little louder. A. I said I was very 
frightened, very frightened.

Q. After you had been told to get back into the car, 
after you had gotten out for a short while, then what 
happened? A. Then the car started to travel and I was 
sitting with this hanky made like a pad and put on my 
head like this, compressing the area, and I was leaning 
half forward and apaprently the blood was spilling over 
the front seat of the oar and the driver of the car said 
to me, “ Sit back and don’t be spilling your goddamn
(53)

blood over the front seat of this oar,”  so I sat back.
Q. Then what happened? A. Then the lights came on 

in the car and the one on the right seat got out and 
went to what appeared to me to be like a phone booth 
and made a call.

When he came back, the driver of the car said to me, 
“ We will do you one goddamn favor and let you see a 
doctor.”

Florence Blaise Ephraim—for Plaintiff—Direct



42a

Q. After this took place and the car started traveling, 
did you go some place? A. Yes.

Q. What is the next thing that you remember? A. 
A  car stopped in the rear of a building and the driver 
got out.
(54)

Q. Before you proceed, can you tell the Court, if you 
remember, approximately how long after the ear started 
traveling it stopped in back of this building? A. I would 
think it was traveling pretty fast, about ten minutes or 
so, I guess.

Q. After you stopped in back of this building, what 
happened? A. The driver got out and the seat was 
pushed forward and I got out.

Florence Blaise Ephraim—for Plaintiff—Direct

Mr. Miller: I am sorry to interrupt. The wit­
ness speaks of the driver?

The Witness: The driver of the car.
Mr. Miller: Not of the bus?
The Witness: No, I was in a two-door car.

Q. Go ahead. A. The driver got out and then the1 
other man who was sitting with him in the front got out. 
They pulled the seat forward and I got out.

Q. Then what happened? A. Then the driver of the 
car went first into this door and I remained with the 
other man. Then he opened the door and beckoned us 
to come on in, so I followed the man.
(55)

Q. While this was taking place, how did you feel? A. 
I  was bleeding profusely all along and I was making a 
pad with this hanky on my head.



43a

The Court: Were you. suffering any pain, at that 
time I

The Witness: Yes.
The Court: In your leg?
The Witness: In my leg and on my head.

Q. Then what did you do? A. Then the man spoke1 
to a nurse and the nurse came over from this room into 
the corridor.

Q. Excuse me for interrupting. By this time had you 
determined that this building was a hospital? A. I 
wasn’t sure, not until I saw the nurse.

Q. Then what happened? A. Then he said to the 
nurse, “ Just put two stitches in her and let her go.”

The nurse said to him, “ No, we are not allowed to do 
that. We have to call the doctor.”

He said, “ You don’t need a doctor for that, just put 
two stitches in.”

The nurse said, “ I am sorry, we are not allowed to put 
stitches in.”
(56)

The Court: Was this the driver of the car who 
said that?

The Witness: Yes.

Florence Blaise Ephraim—for Plaintiff—Direct

Q. Go ahead. A. I was taken into a room, which, looked 
like an emergency room. She made a phone call while I 
sat there. She told one of two girls, who I presume 
were aids, two colored girls, the nurse was white but the 
aids were colored, she told them to clean the wound. *

* # # # #



44a

A. The girls cleaned the wound, cleaned the leg and they 
cleaned the head. The nurse then was ashing me ques­
tions about what work did I do and I said to her that I 
was a registered nurse.

She said, “ You are a nurse? If you are one, why don’t 
you act like one?”

Anyway, the doctor came and when he came in he said, 
“ Good morning. ”

I said, “ Good morning.”
He said, “ How do you feel” —first of all, the nurse

(57)
said, “ She says she is a nurse, but if she is one she 
doesn’t act like one.”

He said, “ Good morning,”  and I said, “ Good morn­
ing. ’ ’

He said, “ I am Dr. Cook.”  He looked at the head and 
he asked me what happened and I told him.

Q. You told him what happened? A. Yes. I was 
scared to talk anyway, not knowing one from the other. 
I just said that my head hurts.

The doctor said to the nurse, “ I want to have these 
wounds cleaned.”

She said, “ They are already cleaned.”
He said, “ Well,”  he said to her, “ I want the smallest 

.sutures that you got.”
She said, “ What kind do you want?”
He said, “ You know what I mean, the smallest ones.”
She brought the sutures.
He said, “ I want to give her a local.”
She got the bottle and he drew out some of the medi­

cation which he then inserted. Then he looked down and 
saw my leg. By that time the leg was swollen about

Florence Blaise Ephraim—for Plaintiff—Direct



45a

Florence Blaise Ephraim—for Plaintiff—Direct

(58)
twice its regular size.

Q. What leg? A. When he looked down, I was on this 
table, he looked down and saw the leg.

He said, “ My god, whatever happened to this leg?”  
The nurse said, “ I don’t know.”
He said, “ They are over there, go on and ask them.”  
The nurse w-ent out in the corridor and I heard her 

asking, “ The doctor wants to know what happened to 
her leg.”

The male voice said, “ We don’t know.”
The nurse came back and said to the doctor that he 

said he didn’t know.
The doctor sutured the head and he said that he wanted 

to have my leg x-rayed.
Q. Excuse me, Mrs. Ephraim, do you know how many 

sutures were placed in your head? A. Three or four 
sutures.

Q. Can you direct the Court’s attention to the location 
of the sutures where this injury was? A. This spot in 
the head (indicating).

Q. Referring to the left-hand side of the forehead
(59)
near the hairline? A. Yes.

Mr. McKinney: Is that satisfactory, Mr. Miller? 
Mr. Miller: Yes.

Q. Continue, please. A. He said he wanted the leg 
x-rayed and he wanted it done tonight. He asked the 
nurse who was the technician on duty and she told him 
Mrs. somebody.

# ##



46a

Florence Blaise Ephraim—for Plaintiff—Direct

(60)
Q. After the x-rays had been completed, what hap­

pened? A. The doctor said, “ We ha,ve to admit yon.”
Q. Were yon admitted to the hospital? A. Yes.
Q. Were yon assigned to a room? A. Yes,, I was as­

signed to a room.
Q. And to a bed? A. And to a bed.
Q. Were you in pain? A. Yes. When I was admitted, 

I heard him carrying on a conversation with the same 
two men and I heard the doctor saying, “ No, she cannot 
be released, I won’t release her. She has to be admitted 
and I will not take the responsibility. She is too sick 
to be moved.”

Q. Was anything else done to you in the way of treat­
ment that particular evening, that night or that morning, 
really? A. My leg was washed and bandaged and dress­
ing was applied. The head also, after the sutures, was 
bandaged and medication applied. Then I was put to
(61)
bed.

Q. Were you given any medication, oral medication? 
A. I was given—I can’t remember taking anything*. I 
know I was given a needle, but I don’t know what it was. 
It was an injection of some sort.

Q. Did you receive any further treatment while you 
were in the hospital ? A. The next morning another doc­
tor came along with Dr. Cook, I don’t recall his name. 
He just mentioned it and I didn’t catch what it was. 
They came to re-examine the head and the leg.

Q. When you say the next morning, you are refer­
ring— A. During the daylight hours.



47a

Q. Do you recall approximately what time it was you 
were admitted into the hospital on Saturday morning? 
A. It was way past midnight. I would say some time 
before 1 a.m.

Q. That was shortly after midnight? A. Yes, after 
midnight.

Q. When you refer to the next morning, you mean the
(62)

same morning? A. Yes, during the daylight hours.
Q. Did you remain in the hospital during the day on 

Saturday? A. Yes, I remained in bed.
Q. Were you examined from time to time? A. The 

nurses, during the night. They came in and I couldn’t 
sleep of course. I was nervous and they came to check 
on me periodically.

In the morning the doctor said, “ Don’t worry, you 
will be all right.”

Q. Did you remain in the hospital over Saturday night? 
A. Yes, I spent Saturday night.

Q. Will you please tell the Court what happened on 
Sunday? A. On Sunday morning a woman came, I sup­
pose from the personnel division, she came and asked me 
if I had Blue Cross.

I told her, “ Yes, I have both Blue Cross and Blue 
Shield.”

She said, “ All right.”
Then another man who identified himself as the man­

ager of the hospital, I think he said he was, he said to me
(63)

that he was sorry for what had happened and, “ Don’t 
worry, you will be all right, we will take good care of 
you. ’ ’

Florence Blaise Ephraim—for Plaintiff—Direct



48a

Then another woman came in and identified herself as 
the superintendent of nurses. She asked me what had 
happened, so I related the story and she told me, “ I am 
sorry to hear this.”

Then, in the meantime, the same woman who came to 
me about the hospitalization, she said to me, “ I am sorry 
to tell you that Blue Cross will not pay for your hos­
pitalization, you will have to pay it yourself.”

Then the manager by that time got word that I was 
wanted in Warrenton. So the superintendent came back, 
superintendent of nurses, and she said to me, “ Mrs. 
Ephraim, I learned that you are wanted” —I think she 
said, “ Florence, you are wanted, we learned you are 
wanted in Warrenton, but I think I will find out what you 
are wanted for.”

She left and came back and said, “ I just made a call to 
the Mayor of Warrenton to ask what you are wanted 
for.”

She said that the Mayor said he wasn’t aware of any­
thing.
(64)

She told me she told him, “ Well, your sheriff brought 
her in here,”  and that he answered he had not yet got in 
touch with the sheriff.

Then the manager of the hospital came back to the 
room and said, “ I will tell you what I will do for you.”

Before that, I was asking to be released, I told him 
I wanted to be released and Dr. Cook said, “ We can’t 
release you because if you are wanted in Warrenton we 
will have to turn you over to the authorities in Warren­
ton. ’ ’

The manager came back and said, “ Well, seeing they 
are not prepared in Warrenton to pay for your hospitali-

Florence Blaise Ephraim—for Plaintiff—Direct



zation, if you can find the money to pay for yourself then 
we will release you.”

Q. At that point or some time thereafter were you ren­
dered a bill! A. Yes.

Q. In connection with your hospitalization and medical 
care? A. Yes.

Q. Did you pay that bill? A. Yes.
Q. Do you recall how much it was? A. Yes.

(65)
Q. Will you tell the Court how much it was? A. The 

hospital bill was $39 and the bill for the doctor was $23.
Q. Did you receive the receipt for the money that you 

paid? A. Yes.
Q. I show you this piece of paper and ask you if this 

is a piece of paper representing, I guess, a statement that 
you received at that time? A. Yes, that is it.

Mr. McKinney: I ask this be marked as Plain­
tiff’s Exhibit 6 for identification.

(Plaintiff’s Exhibit 6 marked for identification.)

Q. I show you this slip which has upon it on the right- 
hand corner “ No. 734, McDuffie County Hospital, Thom­
son, Georgia,”  and I ask you if this is a receipt that you 
received. A. Yes, that is the doctor’s bill.

Q. Showing a payment of $39? A. $39 and $23 for Dr. 
Cook.

Florence Blaise Ephraim—for Plaintiff—Direct

The Court: A  total of $62? 
The Witness : Yes, sir.

(66)
The Court: Did you pay it?



50a

Florence Blaise Ephraim—for Plaintiff—Direct 

The Witness: Yes.
Mr. McKinney: I ask this be marked Plaintiff’s 

Exhibit 7 for identification.
(Plaintiff’s Exhibit 7 marked for identification.)

# # # # #

(Plaintiff’s Exhibits 6 and 7 for identification 
received in evidence.)

Q. Upon payment of the bill rendered to you, Mrs. 
Ephraim, did there come a time when yon were dis­
charged or you signed yourself out of the hospital? A. 
Yes.

Q. Do you recall approximately what time of day it 
was?

The Court: After you paid the bill you were re­
leased from the hospital?

The Witness: Yes.
The Court: That is all we need.

(67)

Q. Then you returned to New York? A. Yes.
Q. How did you return to New York? A. I came back 

by plane.
Q. When did you arrive back in New York? A. Sun­

day.
Q. The same day that you were discharged from the 

hospital? A. Yes. I left the hospital during the morn­
ing—

The Court: You could fly the same day, I know 
that planes go fast.



51a

Q. At any rate, after you returned to New York on 
whatever day it was, did you have occasion to see a doc­
tor? A. Yes. That was the only reason why I was re­
leased, because I promised the doctor—he said, “ I will 
only release you if you promise when you get back you 
will see a doctor.”

Q. Did you go to see a doctor when you returned? A. 
Yes.

Q. What doctor did you go to see? A. I went to see 
Dr. Reid.
(68)

# # # # #

Q. Do you recall when it was that you went to her 
office? A. Two days later I think I got in touch with her. 

Q. Were you treated by Dr. Reid? A. Yes.
Q. Over a period of time? A. I had the sutures re­

moved and the dressing changed.
Q. Do you recall any other treatment that you re­

ceived? A. I had to take some vitamins and other pills 
for dizziness.

Q. Do you recall approximately how many times you 
visited the office of Dr. Reid? A. Five times about, five 
or six times, five times I think.

Q. Did you have occasion to have x-rays taken? A. 
Yes, I had x-rays taken.

Q. Do you recall what portion of your body x-rays 
were taken on? A. I had x-rays taken both of the head
(69)
and of the right leg.

Q. Subsequent to your series of visits and treatment by 
Dr. Reid and the x-rays that were taken, were you ren­

Florence Blaise Ephraim—for Plaintiff—Direct



52a

dered bills with respect to this treatment? A. Yes, I paid 
the bills every visit.

* * * * *

Q. Were bills rendered to you for the treatment re­
ceived by Dr. Reid and the x-rays taken at her referral? 
A. Yes.

Q. Do you recall the total amount of your medical 
treatment and x-rays? A. The x-rays I know were $40 
and the first visit to Dr. Reid was $15 and subsequent 
visits $5 per visit.

Q. Since this treatment and the x-rays, have you re- 
(70)

cently returned for an examination? A. Yes, she had 
written that I must come for a checkup.

Q. Prior to this proceeding here, is that correct? A. 
Yes.

Q. Were you rendered a bill? A. Yes, $10.
Q. I show you these two slips of paper and ask you if 

they are bills rendered to you for medical treatment and 
x-rays. A. Yes.

Q. In the total amount of how much? A. This was 
forty—and this other one was thirty-five'------

Mr. Miller: What is the date?
Mr. McKinney: December 5, 1959 and August 17, 

1959.
I ask that these be marked as Plaintiff’s Ex­

hibits 8 and 9 for identification.
(Plaintiff’s Exhibits 8 and 9 marked for identi­

fication.)

Florence Blaise Ephraim—for Plaintiff—Direct

# # # *



53a

Florence Blaise Ephraim—for Plaintiff—-Direct

(71)
(Plaintiff’s Exhibits 8 and 9 for identification re­

ceived in evidence.)
The Court: How much do they total?
The Clerk: $75.

Q. You indicated you paid for an examination as re­
cently as last week in preparation for Dr. Reid’s ap­
pearance iat this trial, is that correct? A. Yes. I went to 
her last week.

Q. How much did you pay her at that time? A. $10. 

* # # * #

Q. At the time of this incident, Mrs. Ephraim, you 
were employed, I believe you testified, at the Veterans 
Administration Hospital, is that correct? A. Yes.

# # # # *
(72)

The Court: You lost three weeks of work?
The Witness: Yes.
The Court: Because of your injuries?
The Witness: Yes, sir.

Q. During that time were you confined to your home? 
A. Yes.

Q. Did you have occasion to lose any further time after 
that time from your job? A. I called in sick a couple of
(73)

times after I went back to work.

# # # # #



54a

Q. Do you recall after having returned from the three- 
week absence, having been out in December 1959 for a 
day? A. I was off one day, but the exact date I wouldn’t 
know. It was towards the end of the year.

Q. Do you recall the reason for your failure to go to 
work? A. I got up and went upstairs and when I had 
a bath I became too dizzy and couldn’t go to work.

Q. Have you prior to the incident that you have related 
here today suffer from dizziness at any time? A. No. 

Q. Did you suffer from any defect of vision? A. No.
(74)

Q. Did you suffer from any pains in or about the head, 
the shoulder or the leg? A. No, sir.

Q. Do you recall having been unable to work again in 
the year I960? A. Yes.

Q. In or about October 1960, do you recall your fail­
ure to work about that time? A. I had a dizzy spell.

# # # # #
(75)

The Court: You lost how many days of work 
after the three weeks that you were talking about, 
two days?

The Witness: On two other occasions.
The Court: Two occasions?
The Witness: Yes.
The Court: What counselor is trying to- put to 

you, he got from you your condition before the 
incident, tell us about your condition after the 
incident?

The Witness: After the incident I suffered from 
dizzy spells, any change of position, any sudden

Florence Blaise Ephraim—for Plaintiff—Direct



change of position, if I turned my head suddenly 
I felt dizzy.

The Court: I have that now and I haven’t been 
in any incident.

The Witness : If I get up, I get very dizzy. In 
the morning I couldn’t get out of bed and get 
ready. I have to lie down and get up very slowly.

The Court: Does the room go around when you 
lie down ?

The Witness: No, only when I get up, I get 
dizzy.

# # # # #
(76)

The Witness: But now I don’t get dizzyz on any 
turning of the head, it is only if I bend down and get 
up suddenly.

The Court: You never had this before?
The Witness: No.
The Court: Before this incident in Warrenton, 

Georgia?
The Witness: No.
The Court: All right.

Q. Go ahead. A. After this incident------
Q. Prior to this incident, Mrs. Ephraim, did you wear 

glasses? A. No.
Q. Since this incident have you been required to wear 

glasses? A. Yes.
Q. Do you wear glasses now? A. Yes.

(77)

Q. Do you experience a diminution of visibility from 
one of your eyes?

Florence Blaise Ephraim—for Plaintiff—Direct



56a

The Court: Do you see as well now as you did 
before the incident?

The Witness: No, your Honor.
The Court: All right. That is the question and 

that is the answer.

Florence Blaise Ephraim—for Plaintiff—Direct

Q. You testified that you suffered an injury to the 
upper left portion of your forehead near the hairline? A. 
Yes.

Q. Will you please tell the Court whether or not you 
had any such injury there prior to the incident? A. 
No, never.

Q. Will you please tell the Court——

The Court: Do you have a scar?
The Witness: Yes.

(78)
The Court: Let me see it, please.
The Witness: Right here (indicating).
The Court: How long would you say that scar 

was, in centimeters ?
The Witness: I would say about three centi­

meters.
The Court: About half an inch?
The Witness: Yes, half an inch.

Q. Will you please tell the Court the condition that 
you experienced with respect to the area that you have 
just pointed out to the Court? A. The area, is very sensi­
tive. Sometimes I get this quivering of the area and, for 
example, I do not go to the beauty parlor to get it 
washed because I cannot stand the sensation when some­
body passes a brush over it. I wash it myself and then



57a

I go to have it set but never washed. When they pass 
the brush over it, I get that sensation.

The Court: You wash it yourself but you go to 
the hairdresser to have it set?

The Witness: That’s right.

Q. Has there been any other change in the condition 
that you have experienced, Mrs. Ephraim, since the in­
cident that you have just related? A. As I say, I wear
(79)

glasses because the vision in the right eye, when I used 
to get the dizzy spells and saw this halo, sometime you 
look at the light and you see like a halo, a colored halo 
around it.

The Court: Like a. rainbow?
The Witness: A  rainbow, yes.

Florence Blaise Ephraim—for Plaintiff—Direct

Q. And now? A. Since I am wearing glasses I don’t 
experience that any more. I f I read without glasses, my 
eyes get very tired, so I wear glasses mostly for reading.

Q. Did you have to wear glasses for reading before 
this incident? A. No.

The Court: You don’t have bifocals, do you?
The Witness: No.

# # # # #

The Court: I am going to let her answer that 
question if she can.



58a

Florence Blaise Ephraim—for Plaintiff—Direct

(80)
* m * * *

What your counselor wants to know, do you have any 
other symptoms besides the ones you have testified 
about ?

The Witness: No, your Honor.

Q. Mrs. Ephraim, I show you Plaintiff’s Exhibit 1 and 
each of the seven or eight tickets and ask you to look 
at the top, starting at the top, will you please read, if 
you can, what it says there? A. It says here:

“ National Trailways Bus System. Issued by 
Trailways New York Terminal for account o f”

and an arrow pointing “ S.”
Q. Do you see that on each of the tickets that is in

(81)
your possession now? A. Yes.

Q. I ask you to turn over to the reverse side of the 
ticket and at the bottom thereof do you see the letter 
S? A. Yes, sir.

Q. What does it say after the letter S? A. It says 
“ Safeway Trails, Inc.”

Q. Is it your understanding that the S on the front 
part is described in the back as being a symbol? A. It 
appears so, with an arrow.

Q. Does that appear on the rear of each and every 
ticket? A. Yes, sir.

Q. So that appearing at the top thereof, if it is to be 
interpreted on the basis of the symbol, there appears 
“ Issued by Trailways New York Terminal for the ac-



count o f”  and an arrow “ ( S ) ”  and on the back the let­
ter S meaning “ Safeway Trails, Inc.” , is that correct? 
A. Yes.

Q. Mrs. Ephraim, getting back to the period upon 
your return to New York, you indicated that you were
(82)
out for approximately three weeks and then there were 
two subsequent days that you remained out of work be­
cause of dizziness and so on.

Will you tell the Court, if you can, your salary for the 
20 days in question? A. Around $12.50 per diem.

The Court: Five days a week?
The Witness: Yes, sir.
The Court: Five times $12.50 and three times 

that figure. That is the figure.

Q. How much is that? A. $244.78.
Q. For the record, will you indicate that in October of 

1960 your per diem rate was what? A. $13.79.

Mr. McKinney: Will you stipulate, Mr. Miller, 
based on this letter from the Veterans Adminis­
tration that this was her salary during the period 
of time she was out of work?

Mr. Miller : I accept this, except I want to call 
attention to this fact, that they give the date of 
August 12 through 29, and that includes Satur­
days and Sundays.

The Court: You were making how much a day?

Florence Blaise Ephraim—for Plaintiff—Direct

The Witness: On a per diem basis about $12.50 
a day.

(83)



60a

The Court: You lost three weeks and you worked 
five days a week, is that right?

The Witness: That’s right.
The Court: It is a simple matter to compute. I 

don’t need the letter.
Mr. Miller : I accept the per diem statement of 

the witness as indicated in this letter.

Q. When you boarded the bus in New York at approxi­
mately 12:25 on the morning of August 6th and were 
assigned seat No. 34, did there come a time either then or 
shortly thereafter that someone else sat next to you? A. 
Yes.

Q. Did you before you boarded the bus know the per­
son who subsequently sat next to you? A. No, sir.

Q. Do you know the name of that person now? A. 
Yes, I do.

Q. What is the name of that person? A. Rose Ben­
jamin.

* # # #
(84)

Q. Have you seen Miss Rose Benjamin since the date 
of the occurrence complained of in this complaint? A. 
No.

Q. Have you had occasion to speak to her? A. Yes.
Q. Do you know on how many occasions? A. Twice. 
Q. Was she present at all times on the bus while you 

were on the bus? A. Yes, we made friends, we sat to­
gether all along.
(85)

Q. Was she seated next to you just prior to the time 
that you were awakened on the bus in Warrenton? A. 
When I went to sleep she was with me, yes.

Florence Blaise Ephraim—for Plaintiff—Direct



61a,

Q. But you have not seen her since that time? A. 
No.

# # # # #
(86)

Q. Mrs. Ephraim, yesterday you related the various 
acts and transactions and occurrences of that particular 
weekend. You testified about having been thrown off 
the bus and then the subsequent events.

When you boarded the bus in New York, I take it you 
had baggage or luggage of some kind, is that correct? 
A. Yes, sir.

Q. Do you recall how many pieces of baggage or lug­
gage you had at that time? A. One overnight suitcase.

Q. Do you recall where the luggage was placed when 
you boarded the bus in New York? A. Yes. It was over­
head, where I was sitting.

Q. Did you place it there or did the bus driver place it 
there? A. I placed it there myself.

Q. There came a time in Raleigh, I believe, where 
there was a change of buses, is that correct? A. Yes.

Q. And necessarily then your luggage had to be trans­
ferred from the first bus to the new bus, is that correct? 
A. Yes.

Q. Who transferred that luggage? A. I did it myself. 
Q. Where did you place it on the second bus? A. Over 

the seat I was sitting.

# # # * #
(88)

Q. When the incident with respect to your exit from 
the bus in Warrenton occurred, what happened to your 
luggage, if you know? A. I do not know.

Florence Blaise Ephraim,—for Plaintiff—Direct



62a

Florence Blaise Ephraim—for Plaintiff—Direct 
Florence Blaise Ephraim—for Plaintiff—Cross

Q. Were you given your luggage as you got off the bus! 
A. No, sir.

Q. Was it ever returned to you? A. No, sir.
Q. 'While you were out of the bus and before the bus 

continued on its journey without you, did the bus driver 
give you your luggage! A. No, sir.

# * # # #

Q. When last do you recall actually seeing this lady 
whom you identified as Rose Benjamin seated next to you? 
A. Up to the time I fell asleep she was sitting next to me.

(89)
Q. That was approximately an hour before you arrived 

in Warrenton, is that correct? A. Yes.
Q. When you were awakened as you related yesterday, 

did you see Mrs. Benjamin seated next to you? A. No, sir.

# * # # *

Q. At the risk of being repetitive, when was the first 
time that you saw Mrs. Benjamin since August of 1959?
(90)
A. Just a few minutes ago.

* # * * #

Cross-Examination by Mr. Miller:

Q. Mrs. Epharim, did you ever make a claim for the 
baggage? A. No, sir.

Q. Are you using eyeglasses for reading now? A. Yes,
sir.



63a

Q. When did yon start using eyeglasses for reading? 
A. I started using eyeglasses for reading, I can’t be spe­
cific about the date, but a couple of years ago.

Q. About how many years ago ? A. Maybe about a year 
and a half or so ago.

Q. You don’t use glasses for normal purposes, that is, 
except for reading? A. That’s correct.

Q. When you returned to New York in August, you 
visited Dr. Reid? A. Yes, sir.
(91)

Q. I believe you testified yesterday that you made six 
visits to her office? A. Thereabouts, five or six.

Q. They were all to the doctor’s office, not the doctor 
to your home? A. The doctor’s office.

Q. Aren’t you slightly exaggerating the number of vis­
its? A. I said about five or six.

Q. You remember you were examined by me before 
trial? A. Yes.

Q. That was on October 15, 1962.
Do you recall the question being asked and the answer 

you made, on page 27:
“ Q. How many visits did you pay to the doctor? A. I 

think I went three times.” ?
Was that true, that statement? A. It could have been, 

but I have been more since that time. Up to this time I 
have been five or six times.

Q. I asked you how many visits you made when you 
returned to New York and didn’t you testify about that 
yesterday, that the six visits were made in August or
(92)

thereabouts when you returned to New York? A. I have 
all the bills, I can check them.

Florence Blaise Ephraim—for Plaintiff—Cross



64a

Q. Was your previous testimony true! A. To my 
knowledge it was.

Q. Mrs. Ephraim, you were bound for Montgomery, 
Alabama! A. Yes, sir.

Q. When you took this bus! A. Yes, sir.
Q. Were you going there to visit a member of your 

family or friends! A. No, sir.
Q. What were you going there for? A. Privately.
Q. Do you mind telling us what you were going there 

for!

Florence Blaise Ephraim—for Plaintiff—Cross

Mr. McKinney: I object on the ground it is im­
material, irrelevant and not proper cross.

The Court: Overruled.

A. If you want to know my business, I will give von my 
reasons of what led me to go to Montgomery, Alabama.

(93)
Q. I gather you were bound for Montgomery, Alabama 

to get a divorce! A. That’s right.

# # # # #
(94)

Q. Call it Thomson, the hospital where you were taken, 
when you were there you telephoned your attorney, didn’t 
you? A. I did.

Q. And then you proceeded to Montgomery after you 
left the hospital? A. I did.

Q. You did not return to New York immediately? A. 
I took the plane that left out of Atlanta and someone



65a

made reservation for me, anyway, and I went to Mont­
gomery----- -

Q. Didn’t you tell us yesterday that from the hospital 
you returned to New York? A. I returned to New York
(95)
via Montgomery. I did not say I went directly from 
Atlanta to New York.

Q. You did, after leaving the hospital, go to Montgom­
ery, Alabama? A. By air, yes, sir.

Q. Did you go to a court there ? A. No, sir.
Q. Did you go to a lawyer’s office? A. I met the law­

yer, I called him before and he told me where to meet him 
and I met him there.

Q. Were there some papers drawn while you were there? 
A. No, sir.

Q. Did you sign anything while there ? A. I probably 
did.

Q. Did you ever appear in court there? A. No, sir.
Q. How much time did you spend in the lawyer’s office? 

A. I wouldn’t be specific, but the same plane I took in I 
took out.

Q. How much time did you spend in the lawyer’s office? 
A. I cannot be specific.

# # # # #
(96)
A. I would say that the plane in and out, about an hour 
I would say.

Q. You told us yesterday that you had come to the 
United States in 1951 from England? A. Yes.

Q. And in England you had practiced as a nurse, a 
registered nurse, right? A. Yes, sir.

Florence Blaise Ephraim—-for Plaintiff—Cross



66a

Q. Whereabouts in England did you live? A, First of 
all I lived at Lambeth Hospital, Brook Drive, Southeast 
11, London.

Q. How long did you live in London? A. About six 
and a half years all told.

Q. Where did you come from when you went to London? 
A. From Trinidad.

The Court: British West Indies?
The Witness: British West Indies.

(97)

Q. But you were born in Trinidad? A. No, in Grenada,
Q. Where is that? A. It is the southernmost of the 

Windward Islands.
Q. You had done considerable traveling in your life 

before this incident? A. Yes, I have traveled.
Q. By the way, where did you go to school, in Trinidad ? 

A. Do you mean general education?
Q. Yes. A. Grenada,
Q. What education did you receive there? A. Primary 

school and secondary school.
Q, Did you continue education elsewhere? A. Only 

nursing education.
Q. Was that in England? A, I started for Trinidad 

and I won a scholarship in Trinidad and I went to Eng­
land.

Q. When you lived in the United States from 1951 to 
1959, in New York, did you read the American news­
papers, the New York newspapers? A. Yes, I read the 
Times.

Florence Blaise Ephraim—for Plaintiff—Cross



67a

Florence Blaise Ephraim—for Plaintiff—Cross

(98)
Q. You read the daily papers? A, Yes, sir.
Q. Yon were pretty well acquainted with the news in 

this country? A. Yes.
Q. You read magazines, too, I suppose? A. Yes.
Q. On the 31st day of July, 1959, you went to the Port 

Authority Terminal, you first went to an information 
desk, is that right? A. Yes.

Q. That is located right in the center of the big lobby, 
isn’t it, on the ground floor? A. I think so, it was in the 
middle.

Q. That is an information enclosure for the entire ter­
minal, isn’t it? A. It could be.

Q. It is prominently there right in the center of the 
lobby? A. Yes.

Q. That is when you went first to inquire about buses 
going south and which company and which buses? A. I 
didn’t ask that. I asked where could I buy a. ticket for 
Montgomery, Alabama.
(99)

Q. And the information clerk directed you to where you 
could buy a ticket? A. Yes.

Q. Then you went to the ticket window of the Safeway 
Trails Company, is that right? A. I went to the window.

Q. And you bought the ticket there and paid for it? 
A. Yes, sir.

Q. And that ticket consisted of 12 coupons? A. I can­
not be specific right now, but the number I think I told 
you before, the number I was not too sure about, I didn’t 
count them.



68a

Q. At the time you bought the ticket, did you get this 
white slip, which I show you, which is part of Plaintiff’s 
Exhibit 1? A. Yes.

Q. Did you read it, the white slip? A. I read my reser­
vation, seat No. 34.

Q. Did you read that sheet of paper? A. Yes, sir.
Q. That has No. 34 on it, right? A. Eight.
Q. It says there “ Dest. Raleigh, N. C., August 6,

(100)
12:30 a.m.”

That is what it says, does it not? A. Yes, sir.

Mr. Miller: I want to offer this as a separate ex­
hibit, if the Court please, what the witness referred 
to as a reservation slip.

Florence Blaise Ephraim—for Plaintiff—Cross

# # % * #

(Defendant’s Exhibit A received in evidence.)

Q. I believe you told us yesterday, did you not, when 
you received Defendant’s Exhibit A, that you would 
change buses at Raleigh? A. Yes.

Q. Seat No. 34 on the bus that you took in New York 
is next to the last seat in the bus, is it not, next to the
( 101)

last row? A. I don’t know, I cannot say where it is, but 
I was sitting over the back wheel. Where it is I don’t 
know.

Q. Wasn’t there only one more seat in back of you? 
A. Mr. Attorney, I do not know.



Q. Do you know how many rows of seats there were 
in front of you? A. No, sir.

Q. When you got to Raleigh and yon changed buses 
there, the driver of that bus said, “ Here you sit any place 
you like.” ? A. It was to that effect, yes.

Q. And you picked a seat? A. Yes.
Q. No particular number? A. There was no number, 

no, sir.
Q. When you bought tickets and you received the tick­

ets consisting of these coupons folded up in this man­
ner, as you proceeded on your journey at various stages 
a driver would collect one of the coupons from you? 
A. Yes.

Q. That is why you have produced eight tickets, cor-
(102)

rect? A. Yes.
Q. Let me see, all these coupons bear the same num­

ber, 96423? A. Yes.
Q. I direct your attention to this coupon marked from 

Columbus, Georgia to Augusta, Georgia-— A. Yes.
Q. That is the return coupon, is it not? A. Yes.
Q. The one going you had surrendered to somebody? 

A. When I gave them the ticket, they tore the one that 
you wanted and gave them back to me.

Q. Let us go back to the one I showed you a. moment 
ago, Columbus to Augusta, Georgia. There is marked on 
the ticket, is there not, “ via 80S return” ? A. Yes.

Q. Then it gives the origin of the trip, New York, N. Y., 
and the destination, Montgomery, is that right? A. Yes.

Q. On the back of that ticket, you read the following 
in print, do you not-— A. I didn’t read the back, no.

Florence Blaise Ephraim—for Plaintiff—•Cross



70a

Florence Blaise Ephraim—for Plaintiff—Cross

(103)
The Court: Was this on the ticket when you got 

it, if yon know!

Q. These are the tickets that have been in your pos­
session? A. Yes. You asked me if 1 read the back, I 
did not.

Q. I did not ask you that. Was that print on the 
ticket? A. Yes.

Q. That reads as follows, does it not:
“ Company reserves right to seat all passengers. Not 

responsible for damage to or loss of checked baggage 
to exceed $25 unless insured. No responsibility accepted 
for uncheck baggage. In selling this ticket and checking 
baggage thereon the selling carrier acts only as agent and 
is not responsible beyond its own line and does not as­
sume expense or transfer at any junction point or guar­
antee any connections.”

That appears on every one of the tickets? A. Yes.
Q. Now, the “ via”  that I called your attention to a

(104)

moment ago, “ SOS return,”  do you know that the SOS 
refers to Southern Stages? A. I know it is a distress 
sign, that is all I know SOS to mean.

Q. I call your attention to another part of Plaintiff’s 
Exhibit 1, which has on it in type, “ Prom Montgomery, 
Alabama to Columbus, Georgia return.”

Do you notice that? A. Yes.
Q. That wTas the initial stage of your return trip from 

Montgomery? A. Yes.
Q. Then the next one we already discussed, Columbus 

to Augusta, then there is one, “ Augusta, Georgia to 
Fayetteville, North Carolina via QCC return.”



71a

Do you notice that? A. Yes.
Q. Do you know what that means? A. No.
Q. Did you read it at the time you received the tickets ? 

A. No, sir.
Q. Did you read the endorsement on the hack of the

(105)
tickets? A. No, sir.

Q. But you did know that each one of these coupons 
had to be turned over to a driver or collector on the way? 
A. Yes.

Q. As you went from point to point? A. Yes.
Q, I show you another one, all these bear the same 

number, don’t they, 96423? A. Yes.
Q. I show you this one from Fayetteville, North Caro­

lina to Richmond, Virginia, that says, “ via CCC return,”  
does it not? A. Yes.

Q. You don’t know what CCC stands for? A. No, sir. 
Q. You still have one from “ Columbia, Georgia to 

Montgomery, Alabama going,”  is that right? A. Yes. 
But it has nothing on it like “ SOS CCC.”

Q. I show you one marked from “ Richmond, Virginia 
to Washington D. C. via VAT return,”  do you see that?
(106)
A. Yes.

Q. One more marked “ Washington to New York STS 
return.”  A. Yes.

Q. Do you know that STS stands for Safeway Trails? 
A. I don’t know.

Q. Then you have here an identification check, “ Ori­
gin New York, destination Montgomery, Alabama.”  A. 
That’s right.

Florence Blaise Ephraim;—for Plaintiff—Cross



72a

Q. That too has the same printing on the back as the 
others? A. Yes, it has.

Q. I show you this coupon, you will note that this also 
bears No. 96423, the date July 31, 1959, marked from 
“ Augusta, Georgia to Columbus, Georgia via SOS going.”  
A. Yes.

Q. That is the coupon that you surrendered when you 
got on at Augusta, isn’t it? A. I told you------ -

* * * # #

Florence Blaise Ephraim—for Plaintiff—Cross

(107)

Q. You notice this coupon I have just showed you has 
the same No. 96423? A. 96423.

Q. This is one of the coupons given to you as part 
of the 10 or 12? A. I presume so.

Q. This was for part of the journey from Augusta to 
Columbus? A. If you say so.

Q. It says so on the coupon. A. Let me read it and I 
will see. Yes.

Q. You did make a stop at Augusta, Georgia, didn’t you? 
A. You asked me yes or no. I said yesterday I didn’t 
know where the bus stopped that night.

Q. Do you testify that it bears the same number? A. I 
know it bears the same number, but I don’t know that it
(108)
belongs to the others.

Mr. Miller: I ask it be marked for identification. 

(Defendant’s Exhibit B marked for identification.)



The Court: That is from where to where!
The Clerk: Augusta, Georgia to Columbus, Geor­

gia.

Florence Blaise Ephraim—for Plaintiff—Cross

Q. When you were at the terminal in New York, did you 
ask for a timetable? A. No.

Q. You did not receive a timetable? A. No.
Q. You did not ask for it? A. No, sir.
Q. When you bought your ticket in New York and you 

got on the bus in New York, were there other colored 
people on the bus? A. Yes, sir.

Q. Quite a few? A. It depends on what you mean by 
a few, I know there were other colored people.

Q. Was the bus full or entirely full? A. I don’t know.
(109)

Q. You didn’t observe that? A. I know there were 
other colored people. If you ask me few or many, I can’t 
say. There were other colored people.

Q. Would you say a third of the passengers were col­
ored? A. I wouldn’t want to pin myself down to any 
number.

Q. Did you notice any short of discrimination in New 
York when the people got on the bus or in the purchase of 
tickets? A. I went to the booth to buy——

Q. Did you at any time in the Port Authority Terminal 
in boarding the bus, in staying on the bus, was there any 
sort of discrimination as between white and colored? A. 
No, I didn’t notice any.

Q. This bus took you to Washington, D. C. to begin 
with, the one you boarded in .New York? A. Yes.

Q. And in Washington the driver of that bus got out? 
A. We all got out. The passengers got out first and I



74a

Florence Blaise Ephraim—for Plaintiff—Cross

(110)

presume the drive got out afterwards. We got off first.

The Court: Did you have a new driver when 
you left Washington?

The Witness: Yes, but the same bus.

Q. A  new driver? A. Yes.
Q. A new driver took the bus from Washington? A. 

That’s correct.

* * # # *

Q. The bus you were on that continued from Wash­
ington, where was the next change of drivers, if any? 
A. I am not aware, I cannot remember if there was one* 
before we got to Raleigh or not. That I wouldn’t swear 
to.

Q. Going south from Washington, you passed through 
Virginia, didn’t you? A. You will have to tell me, I
(111)
don’t know what states we passed through.

Q. Mrs. Ephraim, an educated woman like you, you 
mean to tell me you don’t blow that going south from 
Washington you pass through Virginia? A. If you told 
me I did, I would agree with you, but I told you before I 
wasn’t aware where the bus passed through.

Q. Do you know now that as you left Washington you 
passed through Virginia? A. No, sir. If I look up* the 
map, I will tell you.

Q. You were never interested even after this incident 
to find out what states you were going tnrougn? a , ino.



75a

Q. So you don’t know that you were go>ing through 
Virginia? A. I don’t know.

Q. Do you know that you went through the State of 
North Carolina? A. I learned so, yes.

Q. So at some time later you learned you went through 
North Carolina? A. Yes.
( 112)

Q. But you never learned you went through Virginia, 
is that right? A. No.

Q. Raleigh is in North Carolina, right? A. Yes.
Q. From Washington to Raleigh, there are a lot of 

colored people in the bus? A. There were colored peo­
ple. Again you ask me, there were colored people on the 
bus, how many I don’t know. At that time I wasn’t in­
terested in white or colored. To me people boarded the 
bus, and whether there were five or ten, it didn’t interest 
me. I know there were white and colored, but how many 
I was not interested.

Q. I am not interested in particular numbers. You are 
telling us whether there were many or few or 10 or 15 or 
20, you don’t know that at all? A. I don’t know the 
number.

Q. Or the approximate number? A. I wouldn’t like to 
guess.

Q. There wasn’t any incident as you went through 
from Washington all the way to Raleigh? A. No, sir.

# # # # *
(113)

Q. Then at Raleigh there was a change of buses? A. 
Yes.

Q. And a change of driver? A. Yes.

Florence Blaise Ephraim^—for Plaintiff—Cross



76a

Q. From Raleigh you went to Augusta, Georgia? A. 
I don’t know.

Q. Augusta is a large city and you don’t know? A. I 
don’t know the places.

Q. Was there a change of driver? A. There were 
changes of drivers. Where they boarded, I do not know.

Q. Do you know how many changes of drivers there 
were all together? A. No, I don’t.

Q. There were a few? A. There were, how many 1 
don’t know.
(114)

Q. Between Raleigh and Warrenton, there was at least 
one change of driver, was there not? A. Yes.

# # # # #

Q. You don’t know at what point that driver went on 
the bus? A. The one who was on the bus when we got 
to Warrenton, I don’t know at what point he got on, no.

*  *  *  *  *

(115)

Q. After you changed buses in Raleigh, did you have 
a seat close to the driver? A. No.

Q. How far back would you say it was? A. I would 
say midway, a couple of seats before the last wheel, 
that is how I could figure it. A  couple seats in front of 
the back wheel.

The Court: Would you say that was more or 
less in the center of the bus?

The Witness: Maybe a. little further back than 
half.

Florence Blaise Ephraim—for Plaintiff—Cross

# # # # #



77a

Florence Blaise Ephraim—for Plaintiff—Cross

(116)
Q. Let us get down to Georgia.
You told us yesterday of a place in Georgia where a 

woman and two children got on the bus? A. Correct.
Q. I take it that was a white woman! A. Yes, it was. 
Q. She complained to the driver? A. Eight.
Q. She complained because you were occupying the 

seats that you were, she wanted to be seated in the front 
rather than the rear! A. I take it she wanted to, yes.

#  ^  #  #  X

(117)
Q. After the woman got on the bus, was there a stop 

before Warrenton? A. I don’t think so, sir.
Q. Did I understand you correctly to have testified yes­

terday that when you were awakened at Warrenton you 
saw the driver in the bus? A. I said when I was awak­
ened at Warrenton, I saw in the dark, the bus did not put 
on the overhead light, just the light from, the front, I saw 
the driver.

Q. You know that Warrenton was a rest stop? A. I 
don’t know that, no.

Q. You know as the buses proceed south from time to
(118)
time there are rest stops? A. Some stops you were al­
lowed to get off and some you were not allowed to get off. 
Some of them you got off and others you stayed on 
the bus.

Q. Where you got off, that is a rest stop? A. Yes, but 
you asked me if Warrenton was a rest stop, and I don’t 
know.



78a

Q. You don’t know how many passengers got off at 
Warrenton? A. I do not know, sir. I said I was asleep 
when I got to Warrenton.

Q. I am going to read again from your examination 
before trial, starting at the bottom of page 18, were these 
questions asked and did you make these answers:

“ Q. When you were awakened and this man treated 
you roughly, as you described, was the driver in his seat 
or anywhere in the bus? A. The last place I noticed he 
was in the seat, but when I was bending down I didn’t 
even notice the driver really where he was.

“ Q. You say the last place where you noticed the 
driver, was that before you fell asleep? A. Yes.
(119)

“ Q. When you woke up, do you know whether there 
was any driver in the bus?

# # # & #

“ A. That I cannot be too sure about. No. I know the 
bus was at a stop because it was not in motion and he 
didn’t put on the overhead lights. I noticed the bus was 
in semi-darkness, as I said, I had to be digging for my 
shoes because he didn’t have the lights on.”
A. Yes.

* =£ # * #
(120)

Q. I am asking you again:
“ Q. When you woke up, do you know whether there 

was any driver in the bus? A. That I cannot be too sure 
about, no.”

Florence Blaise Ephraim—for Plaintiff—Gross



And then you went on to talk about the lights.
Was that no or yes? A. I don’t know about that “ no.”
Q. Are you saying that you didn’t say “ no”  as appears 

in that transcript? A. I cannot remember saying the 
word “ no”  there. I cannot be too sure about that. I 
think that “ no”  means “ I know.”

Mr. Miller: Will counsel concede this is a cor­
rect transcript?

Florence Blaise Ephraim—for Plaintiff—Cross

# # * # #

Mr. McKinney: I will concede this is an accurate 
transcript of the testimony.

Q. This man who got on .the bus at Warrenton and
woke you up, he wore a uniform, didn’t he? A. I told

m  "~ ~
you he wore something which appears to be a uniform,.yes....

Q. A  gray uniform, was it? A. I think I said it looked....
lihe a police uniform, the color I am not sure, but it was 
dark.

Q- He had a. badge on? A. I did not notice any.
Q. You saw a good deal of him? A. I will explain how 

I was sitting. He tapped me from behind. I couldn’t 
see the whole man.

The Court: The question is very simple. Did 
you see a badge or not?

The Witness: I did not see a badge.

Q. You saw the man not only in the bus but on the 
way to the hospital and in the hospital, did you not?
A. Yes.



80a

Q. You say you did not see a badge? A. No, I did not 
see a badge.

Q. You saw that he was wearing side arms or a re­
volver or pistol? A. No, sir, I did not see any such thing. 

Q. Didn’t you discuss this case with Mrs. Benjamin?
(122)
A. No, sir, I never seen Mrs. Benjamin until today and I 
didn’t even recognize her.

Q. Did you discuss the case with her in any form? A. 
I told you no, sir.

Q. Not even on the telephone? A. No, sir.
Q. So that you don’t know what she is going to testify 

to? A. No, not yet.
Q. Did you give Mrs. Benjamin’s address to your at­

torney? A. Yes, I think so.
Q. At no time did you by telephone or otherwise have 

any conversation with Mrs. Benjamin since that day on 
the 7th of August until this morning, is that right? A, 
No, don’t put words into my mouth that I didn’t catch.

Did you say did I have any conversation? We spoke on 
the telephone, I  said that.

Florence Blaise Ephraim—for Plaint,iff—Cross

The Court: Let the stenographer read it back.
(123)

(Record read.)

Q. You say you did speak on the telephone? A. I 
spoke to her twice on the telephone.

Mr. Miller: May we have a few questions back? 
The Court: Yes.
(Record read.)



81a,

Q. Yon heard the stenographer read the questions and 
answers. Did yon hear the answer you gave to me a few 
moments ago that you did not speak to her on the tele­
phone ?

M■ 41. M.I f  W IP i f  W

A. Yes, I spoke to her on the telephone, yes, I did.
.(Question read.)

Q. That you did not speak to her on the telephone? 
A. I spoke to Mrs. Benjamin twice by telephone but not 
on the case.

Q. I am asking you, did you hear your previous answer 
(124)
that you did not speak to her on the telephone, did you 
hear the' stenographer read that? A. He read it, yes, 
but I am telling you I spoke to her twice.

# # # # #
(127) :

Q. After a while, you got into a car that took you to 
the hospital? A. Yes.

Q. This man that you testified about who wore this 
uniform was in that oar? A. Two men were in the car.

Q. But this man was in there? A. Which man? There 
were two men in the oar.

The Court: He is talking about the man that 
you said yesterday got on the bus and put you off 
the bus, was that man in the car, that is what he 
wants to know.

The Witness: I presume he was, I presume it 
was the same man. It changed from one man to

Florence Blaise Ephraim—for Plaintiff—Cross



82a

Florence Blaise Ephraim—for Plaintiff—Cross

two men, and I presume one of the men was the 
one.

The Court: Don’t you know it was the same 
man!

The Witness: From the voice it sounded like the 
same man.

Q. Was he sitting back of you in the car! A. I was 
in the rear of the car.
(128)

Q. And the two men were in the front! A. Yes.
Q. So you could see who was in front? A. The back 

of the head.
Q. Didn’t you see them get out of the car! A. You 

mean when we got to the hospital, yes, sir. One got out 
first and then the other one.

Q. Did the two men take you to the hospital? A. One 
preceded me and one followed me.

Q. The two men were there for a while as they talked 
to the nurse? A. One spoke to the nurse, yes. One was 
in front, the one in front spoke to the nurse, the man 
behind did not speak to the nurse.

Q. Was one of those two men who was in the ear, who 
was talking to the nurse in your presence in the hospital, 
the man who had gotten on the bus? A. I presume so, I 
am not sure.

Q. You presume so? A. Yes, sir. You see one man 
and then you see two. I am not familiar with the men 
in the dark, the place was in total darkness. The bus 
was dark and the outside was dark.



83a,

Florence Blaise Ephraim—for Plaintiff—Gross

(129)
Q. But you know— A. I thought one of the men was 

the man on the bus, yes.
Q, Mrs. Ephraim, what was it you testified yesterday 

about your being in the custody of the sheriff in the hos­
pital? A. I didn’t say that. I will tell you what the 
director of the nurses said to me, she said to me' that she 
learned I was wanted in Warren ton, but she didn’t know 
why I was wanted, and she would make a phone call to 
find out why I was wanted.

Q. Didn’t you know that you were under arrest? A. 
No, sir.

Q. Didn’t you know that the hospital would not re­
lease you without authorization by the sheriff? A. I was 
told so.

Q. You were told that? A. Yes.
Q. You knew that the sheriff— A. I was told so.
Q. That the sheriff claimed custody? A. That’s right.
Q. You still won’t say that either of these men wa,s a

(130)
police officer? A. I don’t know, sir.

Q. You mean to tell us you don’t know that you were 
taken in this car to the hospital by police officers? A. I 
was told by the directress of the nurses that the sheriff 
brought me in—Dr. Cook, not the matron, he said I was 
brought in by the sheriff. The directress of nurses, 
when she came out, she said to me that she called the 
mayor and he said he had not been in touch with the 
sheriff and didn’t know anything about the case.

Q. That was the next day? A. It was the daytime. 
The daylight hours after I was brought in. Then I was 
released on my own.



84a

Q. Would you mind telling me again, I did not catch 
it as I sat back there, you said as this man took you out 
of the bus he said something about “ damn niggers” ? 
A. Yes.

Q. What was it he said? A. I received this blow and 
I didn’t know anything until I came to, and I was thrown
(131)
over what I felt to be a bench, and he was hitting on me, 
and he said, “ You goddamn niggers, sitting down to 
listen to what the Supreme Court in Washington tell you 
to do, but when you are in Georgia every white man and 
every white woman is your master and you are not to 
answer back. ’ ’

Q. You remember those were the exact words he used, 
right? A. Listen, that is how I remembered, yes.

Q. This happened? A. This I remember. Maybe one 
word here or there is different, but to my recollection 
that was about it.

Q. This was said to you as you were lying sprawled 
over the bench on the sidewalk? A. Wherever the bench 
was, yes,

Q. It was outside the bus? A. Outside the bus.
Q. This was after you had been hit on the head? A. 

Bight.
Q. By the way, did you see this man carry a club? 

A. I didn’t see a thing, I only felt it.
(132)

Q. So that although you were hit on the head, and as 
you were lying there sprawled over this bench you heard 
these words? A. Yes.

Florence Blaise Ephraim—for Plaintiff—Cross



85 a

Mr. McKinney: I wonder if the Court would ask 
Mr. Miller to step back. I have difficulty hearing 
him as he speaks from there.

Q. Do you realize today you repeated the words exactly 
as you testified yesterday? A. I probably did. I hope I 
did.

Q, You did not memorize the words, by any chance? A. 
No, sir.

# # # # #
(133)
Re-direct Examination by Mr. McKinney ■.

Q. Cross-examination, counsel referred to certain ques­
tions and answers that were put to you and that you gave 
in your examination before trial, do you recall? A. Yes.

Q. You referred on one occasion to page 19 thereof. 
I ask you if you recall being asked this question and giv­
ing this answer on the top of the page, starting a series 
of questions on page 18:

* * * * *

“ Q. After you were taken out of the bus, did you see 
the driver around anywhere? A. I didn’t see anybody.”  

Was that question put to you and did you give that an­
swer? A. Yes.
(134)

Q. Do you recall having this question put to you and 
giving the following answer:

“ Q- When you were wakened and this man treated you 
roughly as you described, was the driver in the seat or any­

Florence Blaise Ephraim—for Plaintiff—Re-direct



86a

where in the bus? A. The last place I noticed he was in 
the seat but when I was bending down I didn’t even notice 
the driver really where he was.”

Do you recall giving that answer to the question? A. 
Yes.

(135)
Q. Elsewhere during the course of cross-examination, 

counsel referred to testimony at your previous examina­
tion, the examination before trial, relative to the number 
of times, and there was a suggestion that you had exag­
gerated your visits to the doctor.

Do you recall precisely the number of times you went to 
see Dr. Reid? A. I cannot recall precisely.

Q. I show you Plaintiff’s Exhibit 8 in evidence and ask 
you to look at it, and ask if it refreshes your recollection 
with respect to the number of times you visited Dr. Reid 
during the period immediately after the incident. A. Four 
times on here.

Q. So that when, referring to page 27 of the examina­
tion as read by counsel, you answered this question the 
way you did:

“ Q. How many visits did you pay to the doctor? A. 
I think I went three times”  that was not an exaggera­
t e )

tion, was it? A. No.
Q. Mr. Miller questioned you with respect to phone 

calls, phone conversations with Mrs. Benjamin. You tes­
tified you spoke to her on the phone on two occasions, you 
so testified yesterday on direct examination? A. Yes, 
about twice.

Florence Blaise Ephraim—for Plaintiff—Re-direct



87a

Q. Other than what you have testified to during your 
direct and cross-examination today, did you have any fur­
ther conversation with Mrs. Benjamin prior to this morn­
ing? A. No, sir.

Q. Did you at any time discuss with her what testimony 
she was to give here today or on any occasion she might 
be called upon to testify? A. No, sir.

Q. Have I or anyone connected with me or my office 
or with my associate Mr. Jones at any time discussed 
with you the testimony that Mrs. Benjamin was to give 
in the course of this trial? A. No, sir.

Q. Have I or anyone connected with my office at any 
time told you what to say during the course of this trial?
(137)
A. No, sir.

Q. Everything you have told us, Mrs. Ephraim, is the 
truth, the -whole truth and nothing but the truth? A. To 
the best of my knowledge, it is the truth.

Mr. McKinney: I have nothing further.

Re-cross Examination by Mr. Miller:

Q. When you saw Dr. Reid the first time you returned 
to New York, I take it you told Dr. Reid all about the 
incident that happened in Warrenton? A. Not everything 
in detail, I mentioned I was on the bus and what hap­
pened. I did not tell her all, just mentioned the inci­
dent to her.

Q. You told her about the incident? A. Right.
Q. And what you told her was the truth? A. Yes, sir.

Florence Blaise Ephraim—-for Plaintiff—Re-cross



88a

Florence Blaise Ephraim—for Plaintiff—Re-cross 
Florence Blaise Ephraim,—for Plaintiff—Re-direct

Q. I show you a photocopy of a letter furnished to me 
by your counsel from Edith C. Reid, M.D.; that is your 
doctor, is it not? A. Yes.

Q. Addressed to Charles T. McKinney, Esq., October
(138)
5, 1959, and I call your attention to this statement in the 
letter and ask you if that is what you told Dr. Reid:

“ When Mrs. Ephraim learned that she was to be re­
turned to the sheriff of Warrenton County on being: dis­
charged from the hospital, her fear forced her to sign 
out of the hospital despite her condition.”

You told that to Dr. Reid? A. Not exactly.
Q. You admit, that this sentence is in that letter?

Mr. McKinney: We will so stipulate, it speaks 
for itself.

Will the record show that counsel has opened 
up the history portion of the doctor’s Report.

* # * #
(139)
Re-direct Examination by Mr. McKinney.

Q. With respect to what you told Dr. Reid, were you 
frightened at the events that had taken place, at the rep­
resentations that were made to you at the hospital? A. 
I  was scared, sure, very much so.

* & * * #



Rosa Lee Benjamin-—■for Plaintiff—Direct

(140)
R osa L ee B e n j a m in , ca lled  as a  w itn ess b y  th e  p la in tiff, 

be in g  first d u ly  sw orn , testified  as fo l lo w s :

Direct Examination by Mr. McKinney:

* # # # *
Q. Are you employed? A. Yes.

(141)
Q. Where are yon presently employed? A, I am work­

ing for Mrs. Dorothy Morell, Harrison, New York.
Q. In Westchester County? A. Yes.
Q. How long have you been working in the employ of 

Mrs. Morell? A. With Mrs. Morell I have been a year 
and five months.

Q. Prior to that time, were you employed? A. Yes, 
I was.

Q. Where were you employed before then? A. Green­
wich, Connecticut.

Q. In whose employ were you there? A. Mrs. Frances 
Perlman.

Q. How long were you in the employ of Mrs. Perlman? 
A. Four years.

Q. Were you in her employ in August of 1959? A. I was. 
Q. Taking you back to the year 1959, Mrs. Benjamin, 

did you have occasion to make arrangements to take a 
trip of some kind? A. I did.
(142)

Q. Where were you going? A. I was going to Selma, 
Alabama.

Q. In connection with this trip, did you purchase tick­
ets to travel somehow? A. I did.



90a

Q. What arrangements did you make to take this trip? 
A. I called down to the station a week before the day I 
wanted to leave, and I made a reservation and they told 
me to pick up my ticket at least an hour before the 
bus left.

Q. Having made these arrangements and followed the 
instructions that were given to you, did you have occa­
sion to board a bus headed for some place? A. Yes, I got 
on the bus.

Q. On what date and at what time did you get on a 
certain bus to begin your trip to Selma, Alabama? A. 
I got on the bus on August 5, 1959 at 12.30. That was 
the 6th, in fact.

Q. Where did you get on the bus? A. Port Authority 
Terminal.

Q. What line was that, do yon know? A. 29.
(143)

Q. Line 29? A. Gate 29.
Q. Were you assigned a seat to board some bus? A. 

Yes.
Q. To what seat were you assigned? A. I was assigned 

to 33.
Q. Was there someone sitting next to you when the bus 

started its journey? A. Yes.
Q. Do you know who that person was? A. I do.
Q. Who was that person? A. Mrs. Ephraim.
Q. Please speak a little louder.
Is this Mrs. Ephraim who is the plaintiff in this action? 

A. Yes.
Q. Prior to boarding the bus, did you know Mrs. 

Ephraim? A. No.

Rosa Lee Benjamin—for Plaintiff—Direct



91a

Q. Would you tell us, if you recall, when first you struck 
up a conversation and became acquainted with Mrs. 
Ephraim? A. I recall it was before we got to Washington
(144)

some time that morning, I think we got there about 4.30 
or something like that, but it was before we got to Wash­
ington, we started talking.

Q. Some time after leaving New York but before you 
arrived in Washington? A. That’s right.

Q. When you arrived in Washington, what happened? 
A. When we arrived in Washington, we got off the bus 
and went and got coffee and got back on the same bus.

Q. Then you continued further? A. Yes.
Q. Do you recall when your next stop was? A. Sure.
Q. Where was the next stop? A. Richmond, Virginia.
Q. Did you get off the bus at that time? A. Yes, we got 

off, we just stood outside.
Q. Just for a short while? A. Yes.
Q. Then did you get back on the same bus? A. On the 

same bus.
Q. And continued further? A. That right.

(145)

Q. When was the next stop? A. Raleigh, I don’t know 
what the stop was between there, but I recall the next one 
was Raleigh, North Carolina.

Q. In Raleigh, North Carolina, was there a stop? A. 
Yes, we stopped there.

Q. Was there a change of buses A. Yes.
Q. Where did you sit with respect to Mrs. Ephraim 

when you got on the second bus in Raleigh, North Caro­
lina? A. Mrs. Ephraim and I took a seat—there were two 
rows of seats in back of us.

Rosa Lee Benjamin—for Plaintiff—Direct



92a

Q. Do you recall on which side of the bus it was, behind 
the driver or the other side! A. Behind the driver.

Q. Did there come a time after you left Raleigh, North 
Carolina that an incident occurred that you remember? 
A. The only incident I know, we stopped in South Caro­
lina before then, but anyway the incident happened in 
Warrenton, Georgia.
(146)

Q. Did anything occur before you arrived in Warren- 
ton, Georgia? A. When we were I think in Augusta, a 
white lady came on the bus and there were only four 
colored people on the bus.

Q. When you say four, does that include you and 
Mrs. Ephraim? A. That included us.

This bus driver asked the two young men in the front, 
who were soldiers, to get up for this lady to have tlm 
seat. They refused. He asked us. We refused. The 
bus driver got off the bus and told the lady, “ Don’t 
worry, ’ ’ and then he got off the, bus , and said he was 
going to.make a__phone_jiaJĴ .,,

Q. How long was he off the bus? A. He was off I 
would say abpaf„hse.-mi»ntes^

Q. Then he returned? A. Then he returned.
Q. Then what happened? A. The bus wrent on.
Q. What happened with respect to this woman that you 

referred to? A. This woman stood up, she wouldn’t sit 
down. There were four or five seats on each side in the
(147)
back, but she refused to sit down.

Q. There were other seats on the bus? A. Yes.
Q. After this particular incident, the bus continued 

on? A. Yes.

Rosa Lee Benjamin—for Plaintiff—Direct



93a

Q. Then what happened! A. The next stop it was 
Warrentoif,"I went to sleep before I got to Warrenton, I 
‘W6&S up just a little before the bus stopped in Warren- 
ton, I guess a little before, when it stopped in Warrenton 
I was awake, and this bus driver got off the bus and 
came bach and sat down.

Then this man who was dressed like a policeman came 
on the bus behind the driver, the driver stood 'up and 
laid, “ Those two colored girls.”

Q- Then what happened! A. The policeman came 
back to where we were?

He told me, “ Get up and get in the back.”  At the 
time I was nervous, he had a club and he had a pistol, 
so what was I going to do, I jumped up all at once and 
left my bag, such as the poeketbook.

Q. What did you do? A. I went and got on the back
(148)

seat, the last one. At that time he shook Mrs. Ephraim, 
she wms asleep.

Q. Can you speak a little louder, please. A. Then he 
shook Mrs. Ephraim and told her to get up and get in 
the back.

She sajd, “ No, I refuse. This is my seat and I am 
supposed to keep it until my journey ends.”

He said, “ I said get up and get in the back.”
She said, “ No” .
He said, “ If you don’t get in the back, get off.”
She said, “ I will get off if you are going to give me 

part of my money back.”
He said, “ I ’ll will see about that when I get outside.”
Q. Then what happened? A. She' had her shoes off 

and she was trying to find her shoes to put them on and 
he told her, “ Hurry up.”

Rosa Lee Benjamin—for Plaintiff—Direct



94a

She said, “ Wait let me find my shoes, please.”
When she got up and started down the aisle, he shoved 

her and she went all the way forward. When she got
(149)

outside, that was the time she was screaming.
Q. Did yon see anything or hear anything? A. I heard, 

“ Lord have mercy, please don’t let him kill me.”

Rosa Lee Benjamin—for Plaintiff—Direct

Q. After you heard her scream, what did you do? A. 
I jumped up and this lady jumped up and said, “ Let’s 
get off.”

Q. Ton cannot tell us what she said, merely what you 
said or what you did. A. I was going to get off the bus 
to help her—to help Mrs. Ephraim. When I started 
towards the door, the bus driver closed the door and 
pulled out.

Q. Did you. say anything to .the bus driver? A. When 
I started to the door, I told him then I wanted to get off 
and stay off with this girl, and he didn’t say a word.
(150)

Q. What did he dot A. He just closed the door and 
pulled off.

Q. Did anyone else attempt to get off the bus with 
you? A. Yes.

# # * # #

Q, To the best of your recollection, was the bus driver 
who was in the bus at the time of this incident the same 
bus driver who was driving the bus at the time of the



95a

previous incident that you just referred tot A. Yes, lie 
was.

Q, After the bus driver pointed to you and Mrs. Eph­
raim and said, “ Those two girls,”  and the person you 
referred to as a policeman went to your seat, did the 
bus driver do anything? A. No.

Q. Did be say anything to you? A. No.

'151) L v  thus)
Q. Prior to the time that this man that you referred, to 

as a policeman got up on the bus, did he warn you in any 
way that there might be danger? A. No.
“ " " “ V ril iT -ffW -n -l TIH       ^  .... i ,.n. n . t ■ i . j.

# * # * #

Q. Before the bus driver pointed to you and Mrs. Eph­
raim for the benefit of the other man who got on the bus, 
did the other man have any conversation with him in 
the bus? A. No.

Q. In other words, the two of them got on one after 
the other and the bus driver pointed to you and said, 
““ Those are the two girls” ? A. Yes.

** Q- At, any time did Mrs. Ephraim strike anyone in the 
bus ? A, No,

Q. Did she cause anv commotion? A. No.
Q. Did she act in any manner other than in an ordinary 

prudent manner ? A. No.
Q. Tell us, if you recall, Mrs. Benjamin, did any pa,s-

(152)

sengers get on or off the bus at Warren ton other than 
Mrs. Ephraim? A. No.

Rosa Lee Benjamin—for Plaintiff—Direct



96a

Q- None got off and none got on? A. The bus driver
.thft maiL jm g t;^  as a policeman got on ami

t̂hen Mrs. Ephraim got off.
Q. Did you hear or see anything after hearing Mrs. 

Ephraim scream, “ Lord, have mercy, please don’t kill 
me,”  did you see or hear anything outside of the bus 
after that? A. No, because there were four men standing 
around her, that is why we couldn’t see.

Q. Will you describe to the Court, if you can, please, 
the manner in which the man who came up on the bus 
pushed Mrs. Ephraim while she was on the bus in the 
aisle? A. Describe him?

Q. Can you show us how he did it? A. When she got 
up to get off, after she got her shoes on, he was behind 
her, so he told her to hurry up, and he just give her a 
shove like that (indicating).

Q. Do you recall how many shoves he gave her? A. I 
don’t remember, because she went almost all the way up.
(153)

Q. As a result of this push, something happened to her? 
A. She went all the way. She said, “ You don’t have to 
do that.”

Q. At the time this incident occurred, were there any 
empty seats in the bus? A. Yes.

Q. More than one? A. Yes.
Q. Was this woman that you distinguished as a white 

woman, who had been party to the previous incident, was 
she still on the bus? A. She was still on the bus.

Q. After Mrs. Ephraim was removed from the bus, 
what happened with respect to this other woman? A. 
This woman------

Rosa Lee Benjamin—for Plaintiff—Direct



97a

The Court: The question is improper in form. 
The testimony is that she went off the bus of her 
own volition, she wasn’t removed from the bus, but 
this witness said she was given a push.

The Witness: That’s right.

Q. 1 will reframe the question, Mrs. Benjamin.
After Mrs. Ephraim was off the bus and the bus took

(154)
off, did anything happen to you! A. I kept, the seat I 
had and I stayed there until I finished my journey.

Q. You mean the seat to which you had removed! A. 
Yes, the one I moved to.

Q. What happened to the seats that you and Mrs. Eph­
raim had been occupying? A. This white lady and her 
two children took that seat.

Q. This is the same woman who had been standing from 
the time of her entrance, wherever it may have been, un­
til you arrived in Warrenton? A. That same one.

Q. Did you have any conversation with the driver any 
time after you took off from Warrenton? A. No.

Q. None at all? A. None.
Q. Was the driver that you referred to who pointed you 

out on the bus the same driver who had prevously asked 
you to get up in order for this other woman to sit down?

(155)

A. Yes, it was the same driver.
Q. Mrs. Benjamin, you processed on to Selma, Ala­

bama? A. That’s right.

Rosa Lee Benjamin—for Plaintiff—Direct



98a

Q. Since that incident, have you at any time seen Mrs. 
Ephraim before today? A,. No-, I haven’t.

Q. Have yon talked to her at all? A. I talked to her 
over the phone-.

Q. Do you recall when? A. I talked to her three weeks 
after this happened, I think it was aho-ut the 1st of Sep­
tember. That is when I came back from my vacation. 
I talked wit-h her and the next time I talked with her it 
was not the same Christmas but the following Christmas. 

Q. You spoke to her on the p-hone ? A. Ye-s.
(156)

Q. Did you speak with her at any time after that? 
A. No-

Q. Until this morning? A. No.
Q. Did you at any time when you were talking with 

her discuss this court case? A. No, never.

* * * * *
(159)

Q. I show you this four-page statement and ask you to 
look at the signature at the bottom and ask you if that is 
your signature. A. Yes.

Q. Is this the original of the statement that you signed? 
A. Yes.

Mr. McKinney: I now offer this as Plaintiff’s Ex­
hibit 10 in evidence.

Mr. Miller: I object to it as incompetent, irrele­
vant and grossly improper. A  witness made a state­
ment in the attorney’s office. She is here to testify 
under oath and she has testified.

Rosa Lee Benjamin—for Plaintiff—Direct



99a

The Court: I sustain the objection. I suggest 
you have it marked for identification.

(Plaintiff’s Exhibit 10 marked for identification.)
(160)

Q. This accident that you have just referred to is al­
most five years ago, isn’t that correct? A. That’s correct.

Q. I ask you to look through Plaintiff’s Exhibit 10 for 
identification and ask you, after having looked through it, 
if it refreshes your recollection with respect to anything 
which you are presently unable to recall. A. Yes.

# # # *

Rosa Lee Benjamin—for Plaintiff—Direct

A. I have here------

The Court: Don’t read from it.
Does it refresh your recollection as to the inci­

dent? Is there anything in there that you have not 
testified to here this morning adn which it refreshes 
your recolelction on, that is the question.

Q. Does that refresh your recollection? A. I cannot re­
call anything.

Q. Mrs. Benjamin, if you recall, I show you several items 
here marked as Plaintiff’s Exhibits 5, 6 and 7, and I ask 
you if you recognize them at all. A. Yes, I do.
(161)

Q. What do you recognize this as being? A. That was 
the dress Mrs. Ephraim was wearing at the time of the 
incident.



100a

Q. Referring specifically to Plaintiff's Exhibit 2, this is 
the dress? A. That is the dress.

Q. I show you another item of clothing, Plaintiff’s Ex­
hibit 3, and ask you if you recognize this. A. Yes.

Q. What do you recognize it as? A. That was the 
sweater that she was wearing also at the same time.

Q. Have you told us everything here today that you 
remember wtih respect to this trip and this incident? A. 
Yes.

Q. Is it the truth to the best of your knowledge? A. It 
is true.

Q. Has anyone made any promises to you for the pur-
(162)

pose of coming here to testify? A. No.
Q. Did you come here of your own free will? A. That’s 

right.

Rosa Lee Benjamin—for Plaintiff—Cross

Mr. McKinney: No further questions. 

Cross-Examination by Mr. Miller:

Q. You testified in this Courthouse at an examination 
before trial which I conducted? A. Repeat that, please?

Q. You were examined before trial by me in this Court­
house, weren’t you? A. I came here once before, I guess 
it were with you.

Q. On the 7th of June, 1963? A. Yes.
Q. That is the testimony which you signed this morn­

ing? A. Yes.
Q. You read it over this morning, didn’t you? A. The 

one that you had?
Q. Yes. A. I don’t remember reading yours.



101a

Q. Didn’t Mr. McKinney or Mr. Jones- outside the 
courtroom, tell you that you had not signed this testi-
(163)
mony in the past and he wanted you to sign it and swear1 
to it! A. No.

Q. He did not? A. No.
Q. What did you think I handed you before and asked 

you if you swear to the truth of it! A. When?

The Court: This morning in the courtroom.
The Witness: The one he gave me just now?

Q. Yes. A. I didn’t read it, I just signed it. You 
just gave it here.

Q. You mean to tell me that counsel did not show this 
to you outside the courtroom and have you read it? A. 
I read one this morning at the office.

Q. And you read it in the office? A. Yes. Is that the 
same one?

Q. I assume it is.

Mr. Miller: Is it the same?
Mr. McKinney: We so stipulate.

A. I did not know what you meant.
Q. You didn’t sign it in the office so he had you sign it

(164) .. 
here? A. Yes.

Q. So you read it this morning? A. Yes, I did.
Q. You discussed that with the attorney, didn’t you? 

A. We had a brief talk this morning.

Rosa Lee Benjamin—for Plaintiff—Cross



102a

Q. It wasn’t about this previous testimony? A. It was 
about the previous testimony, it was about the same thing 
I  read.

Q. What you read is what you and he discussed I A. 
Yes. The statement I made.

Q. You were in the courtroom this morning when Mrs. 
Ephraim testified? A. Yes.

Q. You heard her testify that a couple of weeks after 
this incident she spoke to you on the telephone in New 
York? A. Yes.

Q. You testified to the same matter a little while ago? 
A. Around the 1st of September, yes.

Q. You got back to New York about the 1st of Sep­
tember, 1959? A. That’s right.
(165)

Q. Do you remember these questions being asked you 
and this testimony being given, page 11, the examination 
held on June 7, 1963:

“ Q. When did you next see Mrs. Ephraim? A. I 
haven’t.

“ Q. You haven’t seen her since? A. I have not.
“ Q. You haven’t talked to her since? A. Yes, I have 

talked with her.
“ Q. Personally or on the telephone? A. On the tele­

phone.
“ Q. Not in person? A. No.
“ Q. Did you discuss the case with her on the telephone*? 

A. At the time the case was not up, when I first talked 
with her. So later on, I guess about almost a year, T 
guess it was somewhere in 1960 or 1961, something like 
that, she called me and asked me Woaild I appear for 
her and I told her I would.

Rosa Lee Benjamin—for Plaintiff—Cross



103a

“ Q. That is about how long ago, you say? A. After I 
went away, I did not come back for almost a year. So 
it was a little over a. year when I talked with her.
(166)

“ Q. A year after this incident? A. That’s right.
“ Q. That would be 1960? A. It was some time in 1960, 

I am sure.”
Did you so testify? A. Yes, I did.
Q. Were you away a year? A. Yes, I were.
Q. Before you came back to New York? A. Not the 

first time. I stayed here two weeks after I came back. 
That was in 1959.

# # # # #

Q. You discussed this particular testimony this morn­
ing with your attorney, didn’t you? A. I read it, yes.

# # # # #
(167)

Q. Did you answer “ After I went away I did not come 
back for almost a year, so it was a little over a year 
when I talked with her,”  did you testify to that? A. It 
was, because I talked with her three weeks after the in­
cident, hut then-——

Q. I am talking about this testimony, that you talked 
with her a year after? A. It was a year after the last- 
time I talked with her, that was in September of 1959.

Q. You were given seat No. 34? A. 33.
Q. That was the next to the last seat in the bus, there 

were seats one row back of you? A. I a,m not sure, I 
think it was two.

Rosa Lee Benjamin—for Plaintiff—Cross



104a

Rosa Lee Benjamin—for Plaintiff—Cross

Q. When you changed buses, it was in Raleigh? A. Yes. 
Q. You took seats how far back? A. It was almost the 

same as it was on the bus before. There were two rows 
of seats behind us.

Q. Two rows behind you? A. Yes.
(168)

Q. So that you were seated all the way in the back? 
A. All the way, just about. Just two rows of seats be­
hind.

Q. When you changed seats at the request of the sher­
iff or police officer, how far back did you go? A. The 
furthest I could go.

Q. One row back? A. Two rows back.
Q. You were asleep before you reached Warrenton? A. 

Yes, I were.
Q. How long did you sleep? A. I couldn’t tell that.
Q. Did you sleep an hour? A. It could have been, I 

don’t know.
Q. You don’t know what happened during the time 

you were asleep? A. No, I don’t know what happened.
Q. You don’t know what stops were made, if any, while 

you were asleep? A. There weren’t any stops before I 
fell asleep.
(169)

Q. Before you fell asleep? A. The last stop was when 
this white lady got on the bus and then Warrenton.

Q. You don’t know what happened while you were 
asleep? A. No, I  don’t.

Q. At this place where this white woman with the 
children got on, was it at t h a r ^  
driver went off? A. Yes.



105a

Q. At that place? A. Yes.
Q? Y6u feinamecl m the bus? A. Yes, we did.

• Ail the way bach in the bus? A. Yes.
Q. Did yon watch to see where the driver w,as going? 

A. No. He said where he was- going.
Q. He said where he was going? A. He told the lady, 

“ Don’t worry,”  he had to make a pfcone call-
Q. He said he had to make a phone call? You didn'l 

tell me that before, did you, when I questioned you in
(170')
the examination before trial? A. Probably I didn’t. I 
am sure I didn’t tell everything. This is something I 
saw and can remember. The more I talk about it, the 
more I remember.

Q. You remembered that this morning? A. I remem­
bered this before this morning.

Q. Let me see what you testified before.

Page 4-------
The Court: Read the question and answer and 

then ask her if she made that answer to that ques­
tion.

Q. Did you make the following answers to the follow­
ing questions:

“ Q. Do you remember arriving at a place, at or near 
a place called Warrenton, Georgia? A. Yes, I do.

“ Q. What time did you arrive in Warrenton? A. It 
was approximately 11.30 or 12, between that hour. I 
don’t exactly know the minute.

“ Q. At 11.30 in the morning, is that right? A. No, 
this was in the night.

“ Q. I see. So you had been traveling about 24 hours?

Rosa Lee Benjamin—for Plaintiff—Cross



106a

(171)
A. That’s right.

“ Q, How long a stop was there in Warrenton, Georgia? 
A. In Warrenton, the stop, it couldn’t ha-ve1 been, more 
than five or six minutes, something like that.

“ Q. Were you asleep at any time before you got to 
Warrenton? A. Yes, I was.

“ Q. Do you know approximately at what point the 
driver got on the bus which was at Warrenton, Georgia? 
A. When the bus entered the station, there was a little 
station at Warrenton, the bus driver got off, and, well, 
he was a couple minutes and then he came back and took 
his seat.

“ Q. The bus driver who got off, he had been on the 
bus, I take it, for some time? A. Oh, yes.

“ Q. Do you remember where he boarded the bus or 
about how long before he got to Warrenton? A. I don’t 
know. I think the place he stopped before, that was 
Augusta, but the fact he was on at that time when we 
stopped, well, we stopped at this other station before 
we got to Warrenton, he was still on because at that
(172)

station, that is when I said the trouble began.
“ Q. Did that same driver who you say first got off at 

Warrenton, did he resume driving the bus? A. Yes, he 
went on to Columbus.

‘ ‘ Q- While you were still on the bus? A. Yes, I was 
on the bus.

“ Q. And that was after the incident that happened to 
Mrs. Ephraim? A. Yes.”

Now I go to page 7:
“ Q. When you arrived at Warrenton, at the moment

Rosa Lee Benjamin—for Plaintiff—Cross



107a

when the bus stopped there, were you asleep or awake? 
A. No, I just woke up.

“ Q. At Warrenton did you see a police officer come on 
the bus? A. Well, I couldn’t say it was a police officer, 
but it was some man came on.

“ Q. He wore a uniform, didn’t he? A. He wore a uni­
form and he also had a pistol and I guess you would call 
it a club, a night, stick or something.
(173)

“ Q. He had a badge on, too? A. Yes, he had a badge. 
“ Q. Was there only one man like that or two? A. Only 

one got on the bus.
“ Q. When he got on the bus, were you awake at that 

moment? A. Yes, I was.
“ Q. Will you please tell me just what this man said 

and did?
# # # # #

“ A. Well, when this man walked on the bus, the driver 
pointed to us and he said, ‘ Those two,’ and he walked 
directly to our seat and he said, ‘ Get up and get in the
(174)
back.’ Well, I was frightened, so I jumped up̂  and got 
in the back. Mrs. Ephraim was asleep. So he shook her 
and said, ‘ Get up and get in the back’.”

Let me stop here for a moment.
You say here, “ Well, when this man walked on the 

bus, the driver pointed to us.”  A. Yes.

# # * # #

Q. You referred in this examination to the fact that 
the incident started some time back in Warrenton, you 
remember that? A. Yes.

Rosa Lee Benjamin—for Plaintiff—Cross



108a

Q. You heard Mrs. Ephraim testify about a woman and 
two children getting on the bus? A. Yes.
(175)

Q. You did not say anything about that in your exam­
ination before trial? A. I wasn’t asked. Did you ask 
mo? I answered everything you asked me.

Rosa Lee Benjamin—for Plaintiff—Cross

Mr. McKinney: Objection.
The Court: Overruled. She answered the question.

Q. Did you say anything about the driver making* a 
telephone call on the examination that I conducted? A. 
I don’t remember.

Mr. Miller : I would like to offer' in evidence the 
entire examination before trial.

Mr. McKinney: Xo objection. As a, matter of 
fact, plaintiff offers it as its own exhibit.

(Plaintiff’s Exhibit 11. received in evidence.)

Q. Before you goit to War ronton, can you tell us how 
many changes of drivers there had been from the time 
you started from New York? A. Well, I don’t know if 
I can tell you exactly how many—we changed drivers at 
Washington and we changed at Richmond. We changed 
buses and driver at Raleigh. We changed buses at------
(176)

Q. Augusta? A. It seems to me somewhere in South 
Carolina, but I don’t know the place.

Q. How about Augusta, Georgia? A. That I don’t 
know. I don’t know about Augusta, Georgia.



109a

The Court: How long previous to the incident 
that you related was this driver on the bus? The 
driver that was on the bus at Warrenton, how long 
had he been on the bus, if you know ?

The Witness: I really don’t know how long he 
was on the bus. I really couldn’t say.

Q. Didn’t he get on about 10 or 15 miles back? A. I 
don’t know. There are so many places in there, I don’t 
know whether he changed at Augusta or not.

Q. Did he get on after you had your sleep or before? 
A. He was on the bus before I had my sleep.

Q. At the time of this incident, were there other colored 
people on the bus? A. Yes, the same four.

Q. Was there a man there sitting right in back of
(177)
the driver? A. Yes.

Q. A colored man? A. Yes, two.
Q. Are you talking about the men in uniform? A. 

That’s right.
Q. There was another man there, wasn’t there? A. 

Both of them weire in uniform.
Q. Wasn’t there a man alone? A. I don’t remember. 
Q. Were these questions and these answers given by 

you at page 12—I will go back further:
“ Q. When I asked you how many, I mean at Warren­

ton, Georgia, how many people were on the bus? A. In 
the bus already, you mean on the bus?

“ Q. On the bus, yes. A. I still wouldn’t know, but we 
had a lot of vacant seats, I can say that.

“ Q. Can you give me an approximate idea, 10, 15, 20 
people? A. Oh, I am sure it was about 20, I would say. 

“ Q. Of those 20, approximately how many would you

Rosa Lee Benjamin—for Plaintiff—Cross



110a

(178)

say were colored people ? A. Weill, I would say about five.
Q. That is including you? A. And Mrs. Ephraim, 

because he had ashed another man to get up first, a col­
ored man sitting right in back of the driver.

Q. I did not quite get that. A. There was another 
man sitting to the rear of the driver’s seat and the 
driver asked him to get up first.

“ Q, And he went to the rear, this other passenger? 
A. No, he refused.

“ Q. He continued to sit where he was? A. Yes, he did. 
Q'. Did anything' happen to him? A. Nothing hap­

pened at all.”
You did so testify? A. Yes. But I don’t remember 

if I said five. I might have, I don’t remember.

Mr. Miller: That is all.

Re-direct Examination by Mr. McKinney:

Q. In the course of your cross-examination, Mr. Miller
(179)

asked you about whether or not you just remembered 
about the man making a phone call, do you remember that 
reference he made to your not having testified in the 
examination before trial on that? A. And I answered he 
didn’t ask the question.

* * * * *

The Court: Sustained.
You had two phone calls from Mrs. Ephraim?

Rosa Lee Benjamin—for Plaintiff—Re-direct

(181)



111a

The Witness: Yes.
The Court: The first one was some three weeks 

after the alleged incident?
The Witness: Yes.
The Court: The next one was a year after that?
The Witness : Eight.
Mr. McKinney: I am sorry, perhaps your Honor 

misunderstood. I am not referring to that phone 
call.

Q. At the risk of being repetitive, during the course of 
your cross-examination Mr. Miller examined you with 
respect to whether or not you had mentioned during the 
examination before trial that the driver of the bus men­
tioned that he was getting off to make a phone call at the
(182)

time of the incident involving the woman and the two 
children, do you recall he questioned you about that and 
asked whether or not you just remembered it now be­
cause you had not said anything about it at the exami­
nation and you said you did not ask me, do you recall 
that? A. Yes.

Q. That examination before trial was last year, is that 
correct? A. That’s right.

Q. 1963? A. That’s right.
Q. Was there a time some time in 1961 when you came 

to my office and signed this statement? A. Yes.
Q. In that statement did you mention about the bus 

driver getting off the bus to make a phone call?

Mr. Miller: I object to the testimony.
The Court: Sustained.

Rosa Lee Benjamin—for Plaintiff—Re-direct



112a

In 1961, you told about this incident of the driver get­
ting off the bus to malce a phone call, is that right?

The Witness: Yes, I did.

Q. That was two years before you answered questions
(183)

put to you by Mr. Miller!.. A. That’s right.
Q. oS it is not somethign, as suggested by Mr. Miller, 

that you just remembered? A. No.

Thomas B. Stevens—for Defendant—Direct

# # # # *

(184)

T hom as B. S tevens, ca lled  as a  w itness b y  the d e fen d ­
ant, being first du ly  sw orn , testified  as fo llo w s :

Direct Examination by Mr. Miller:

Q. Where do you reside, Mr. Stevens? A. 114 Ball 
Bond, Mountain Lakes, New Jersey.

Q. Are you employed by the defendant Safeway Trails, 
Inc.? A. I am.

Q. How long have you been employed by Safeway
(185)
Trails? A. Since 1938.

Q. In 1959, especially in August of 1959 and July 1959, 
were you employed as the terminal manager for the 
terminal maintained by Safeway Trails, Inc. in the' Port 
Authority Building in Manhattan, New York? A. I was.



113a

Q. Previous to that, had you also managed the termi­
nal in Washington and in Baltimore for Safeway Trails? 
A. I had.

Q. Will you tell us, please, is the defendant Safeway 
Trails, Inc. engaged as a public carrier transporting pas­
sengers for hire by motor bus! A. It is.

Q. It operates buses as such public carrier on lines 
from what points to what points ? A. Principally between 
New York and Washington.

Q. Between New York and Washington are there some 
subordinate or branch lines that it also operates ? A. 
Yes, there, are some additional feeder lines along that
(186) ■ .

route, none of them south of Washington, D. C., however.
Q. The main line is New York to Washington? A. 

That is correct.
Q. Did it ever operate any bus south of Washington? 

A. No, sir.
Q. Arid does not today? A. That is correct.
Q. And did not in 1959? A. It did not.
Q. Can you tell me approximately what proportion of 

your passengers going to Washington and south of 
Washington are white and what proportion are colored? 
A. I would estimate, I haven’t counted them, but I would 
estimate that the percentage on schedules destined to 
points south of Washington, it would run as a third col­
ored patrons. Other schedules might be somewhat less 
than that in other areas.

Q. Was that the approximate percentage in 1969? A. 
Yes, sir.

Q. In the operation of the terminals in New York City 
and on the line of Safeway Trails, and in the selling of

Ihomas B. Stevens—for Defendant-—Direct



114a

Thomas B. Stevens—for Defendant—Direct

(187)
tickets at -some terminal by Safeway Trails-, is- there any 
distinction made between white patrons and colored pa­
trons? A. There is none.

Q. Was there ewer in 1959? A. Newer.
Q. Does the defendant have a franchise from the In­

terstate Commerce Commission from the line operating 
between New York and Washington? A. Yes,

Q. And in other line-s that you operate to? A. Yes, sir.
Q. You cannot operate without a franchise? A. That 

is correct.
Q. In addition to operating this line from New York 

to Washington and the feeder lines, is Safeway Trails 
also engaged in selling tickets for passage on connecting 
carrier lines? A. We are.

Q. In New York City as well as in Washington and 
Baltimore, is that right? A. That is correct,

Q. You maintain a sales office in the Port Authority 
Building for the selling of tickets? A. Yes, the Port 
Authority Bus Terminal.
(188)

Q. The- building is the office part, yes? A. Yes.
Q. By the way, is that office for the sale of tickets in 

the Port Authority Terminal, is that maintained by 
Safeway Trails alone or is it jointly with any other 
carrier? A. We sell transportation for Traiiways or 
New England and of course transportation o-ver connect­
ing carriers, but not carriers that come into New York 
City.

Q. Are you familiar with the tariff required to be filed 
by public carriers of buses, tariffs of the Interstate- Com-



115 a

mere© Commission ? A. Yes, I am familiar with the tar­
iffs. I don’t do the filing myself, no, sir.

Q. Do yon publish and distribute the public time­
tables? A. We distribute timetables. They are published 
not by us, we have that done by the Bussell’s Motor 
Transportation Guides people in Iowa.

Q. These timetables, are they filed with the Interstate 
Commerce Commission? A. I am not certain whether they 
are required to be filed with the Interstate Commerce
(189)
Commission. There are some states that require filing 
of timetables. I am not sure about the filing with the 
Commission.

Mr. Miller: I offer in evidence a certified ex­
tract, certified by the Interstate Commerce Com­
mission, of portions of schedules in effect April 1, 
1959 to April 14, I960, filed on behalf of various 
bus lines, including Safeway Trails, Inc.

# # # # #

(Defendant’s Exhibit C received in evidence.)

Q. Mr. Stevens, I am going to ask you to explain 
some of the matter that appears on Defendant’s Ex­
hibit C.

The two covers have on it, “ National Bus Traffic Asso-
(190)
elation, Inc., agent.”

What is the National Bus Traffic Association ? A. The 
National Bus Traffic Association represents motor1 oar-

Thomas B. Stevens—for Defendant—Direct



116a

riers throughout the United States, compiles their joint 
tariffs and files them according to the rules and regula­
tions of the Interstate Commerce Com mission, files them 
with the Commission, and there are a large number of 
carriers operating in all of the 48 states that these filings 
are made in behalf of.

# # # # #
(191)

Q. What is meant by this statement on the cover, “ Na­
tional Passenger Tariff No. A-1000” ? A. The A-1000 
tariff is the most extensive tariff published in the motor 
bus industry, that is the tariff which governs the fares 
between larger cities in the United States. I would say 
most cities over a 5000 population would be listed in that 
tariff.

Q. There is an extract of Section A-2 entitled “ Issuing 
Carriers Contained,”  and it gives the names of carriers, 
some under the letter R and some under the letter S. 
Just what does that represent? A. Section A-2 lists all 
the issuing carriers of this A-1000 tariff.

Q. From A  through Z? A. Yes. This of course is the 
page that has a portion of the R carriers and a portion 
of those whose corporate names start with S.

Q. Including Safeway Trails, Inc.? A. Yes, it does 
include Safeway Trails, Inc,

Q. I wish you would explain if you can, please, after 
the name of the carrier, there is a line headed by the 
word “ Designation”  and underneath that, after each
(192)

carrier are abbreviations or letter. A. These are the 
letters of the destination or designation used for ticket­

Thomas B. Stevens—for Defendant—Direct



117a

ing* and other purposes to save actually writing the cor­
poration’s name in its entirety on every transaction, to 
simplify the operation in the use of the tariff.

Q. Under this heading for Safeway Trails, how was 
that designated ? A. It is designated in three ways here, 
the first is TWS, the second ST and a small S, and the 
third QCB.

Q. Can you explain the three designations? A. The 
TWS designates that this particular carrier is a member 
of the Trailways Association of motor bus carriers.

The ST small S is an abbreviation for Safeway Trails, 
Inc.

QCB is a designation for Quaker City Bus Company, 
which had just recently been purchased by Safeway at 
that time, and that is why tha-t designation is still being 
carried.

Q. Then there is a column headed MPXA3 No., and 
numerals underneath, what does that refer to? A. 'That
(193)

refers to your company’s filing with the Interstate Com­
merce Commission, your company’s tariff filing.

Q. You mean like a file number? A. Safeway Trails, 
Inc., the number is 2. All these other carriers, I am not 
familiar with their filings. Prior to the purchase of the 
Quaker City Bus Company, our tariff was Safeway Trails 
and it was No. 1, that was the original filing and there 
might have been certain revisions. After the purchase, 
there was naturally some changes and they were then 
filing a No. 2, I believe, there has been a change since 
then and I don’t know whether it is 3 or 4 at the moment.

Q. The heading “ State”  does that refer to the state of 
incorporation of the carrier ? A. There again I do not

1 homas B. Stevens—for Defendant—Direct



118a

know as for the other carriers. As for Safeway Trails, 
it refers to the state of incorporation and it also refers 
to a designation, Safeway Trails is a Maryland corpora­
tion and it purchased a Pennsylvania corporation, and 
therefore you have both Maryland and Pennsylvania in 
1959.

Q. What is the heading entitled “ Form,”  what does
(194)

that refer to? A. That is a designation given to the 
states for whatever these corporation papers are, it is 
how they might find them, a file number or form number.

Mr. Miller: If the Court please, I want to read 
a part of this exhibit, rules and regulations, and I 
am referring to Rule 6.

Rule 6 is entitled “ Liability,”  and there are 
four subdivisions, 1, 2, 3 and 4. 4 reads as follows:

“ In issuing tickets and checking baggage under 
tariffs subject hereto for passage over the lines 
of other carriers participating in such tariff, the 
issuing carriers shown in such tariff act only as 
agents and do not assume responsibility for trans­
portation over the lines of other carriers, except 
as responsibility may be imposed by law with re­
spect to baggage.”

Q. In 1959, July 31, and during August of 1959, I show 
you this paper and ask you if this is a true copy of the 
timetable published by Safeway Trails and distributed 
to the public for service between New York and Wash-

Thomas B. Stevens—for Defendant—Direct



119a

(195)

ing-ton. -A • Yes, this timetable shows the service operated 
between New York and Washington at that time-.

Q. Is the diagram on the cover showing route from 
New York to Washington and Baltimore and Wilmington 
and so on on the way, is that the line- operated by Sale- 
way Trails? A. That is principally the line. There are 
several operations that are not shown on this sketch here.

Q. You mean these access lines? A. Feeder lines.
Q. This is the time schedule that was in force at that 

time and contained at the Port Authority Terminal at 
that time? A. That is correct.

Mr. Miller: I offer it in evidence.

* # # # *
(196)

Q. Did you at that time also publish for the public a 
timetable showing the buses both on the line of Safeway 
Trails, Inc., New York to Washington, and on connecting 
lines, both north of New York and south of Washington? 
A. We did.

Q. I show you this page and ask you if this is a true 
copy of such timetable published at that time for the 
public. A. It is.

Q. By the way, what is this 8002, what does that- refer 
to? A. Timetable No. 8002 is the number given this par­
ticular timetable in Russell’s National Motor Coach 
Guide, which is used throughout the United States, and 
the carriers that use this particular timetable for dis­
tribution to the public, names them on the front here, 
some eight or nine carriers, they ask Russell’s Motor

Thomas B. Stevens—for Defendant—-Direct



120a

Coach Guides to prepare this time table for them so that 
they might distribute it to the public, showing this 
through service with these carriers and the connecting 
service with these various carriers involved here.
(197)

Q. This book that you hold in your hand covers many 
carriers throughout the country, is that right? A. 
Throughout the country, they are principally along the 
East Coast.

Q. I am questioning you about the page that I showed 
you, that is the timetable from Portland, Maine going 
down as far as Louisiana and Texas? A. Yes, sir.

Q. That was distributed by Safeway Trails in 1959? 
A. Yes, sir.

Mr. Miller: I offer this page in evidence.

*  *  *  #  m

Mr. Miller: I think it is page No. 5 and on the 
upper right hand corner it says “ Table 8002”  and 
also the whole thing is headed—not headed, but in 
large numerals “ 8002”  and underneath, “ 7/28/59.”  

The Court: That was the timetable in effect in 
August of 1959 or July of 1959, is that so?

The Witness: That is correct, your Honor.
(198)

The Court: All right.

(Defendant’s Exhibit E received in evidence.)

Q. On this Exhibit E, there is a list------

Thomas B. Stevens—for Defendant—Direct



121a

The Court: You are reading from a page there­
of, the only part that is in evidence!

Mr. Miller: Yes.

Q. The list of arrivals and departures from various 
cities, I am concerned with cities south of Washington, 
Raleigh, Norfolk, Fayetteville, Augusta, Georgia, Colum­
bus, Georgia, Montgomery, Alabama and so on, and oppo­
site some of those cities are initials in heavy type, what 
do those initials designate? A. Those initials are again 
the initials used in the tariff and the initials to designate 
the particular motor carrier which operates that segment 
of the schedule.

Q- Defendant’s Exhibit A, which is part of Plaintiff’s 
Exhibit 1, this little white piece of paper that has No. 
34 on it, does 34 refer to the seat number? A. Yes, that 
is a seat reservation coupon.

Q. Where was seat 34 located in the bus?? A. Seat 34 
is on the driver’s side of the bus and the next to the last
(199)

row of seats in the bus.
Q. I show you the various coupons produced by the 

plaintiff, there are eight of them, as part of a ticket given 
to the plaintiff when she purchased carriage for her trip 
to Montgomery, Alabama, and ask you if by looking at 
the numbers thereon, namely, 96423, can you tell whether 
or not all coupons bearing that number would be part of 
the ticket sold to the plaintiff? A. They would.

Mr. McKinney: I did not quite understand.
The Witness: All coupons bearing that number 

would be part of the same ticket.

Thomas B. Stevens—for Defendant—Direct



122a

Q. I show you Defendant’s Exhibit B for identification, 
which is a coupon covering trip from Augusta, Georgia 
to Columbus, Georgia, and bearing the same No. 96423 
and the same date, July 31, 1959, can you tell me by ref­
erence to that number and date whether that was part of 
the ticket to Montgomery, Alabama, sold to the plaintiff? 
A. It was.

Q. That was a coupon for what part of the journey? 
A. From Augusta, Georgia to Columbus, Georgia.

Q. Was this a coupon that had been collected from the
( 200)

plaintiff, can you tell that, can that be told by looking at 
the coupon? A. Not by looking at the coupon, you 
wouldn’t be able to tell whether it had been collected or 
it had not.

Q. But it was part- of the ticket sold? A. Yes.

Mr. Miller: It was originally only marked for 
identification. I offer it in evidence.

=# *  *  #  #

(Defendant’s Exhibit B received in evidence.)

Q. If the plaintiff left the bus at Warrenton, Georgia, 
would some of the coupons forming part of the tickets 
sold to her, would they have been collected by drivers on 
the route?

* # # # #

A. I am sorry, I am lost, Mr. Miller.
Q. This ticket consisted of 10 or 12 coupons? A. Yes,

Thomas B. Stevens—for Defendant—Direct



123s.

Thomas B. Stevens—for Defendant—Direct

( 201)

it consisted of 13 coupons in all.
Q. What is each coupon for! A. Each coupon is for 

a specific carrier as designated on that coupon, with the 
exception of the 13th coupon which is the customer ’s re­
ceipt, so to speak, showing how much she paid and what 
the number of her ticket was.

Q. Is each coupon collected by the particular carrier 
over which part of the journey is made for that coupon?

The Court: Let me hear the question.

#  #  #  *  #

(Question read.)
The Court: I will overrule the objection. It means 

a coupon is collected at each stage of the journey, 
is that right!

The Witness: Each time there is a new company 
involved in transporting the passengers, they take 
their coupon so they could bill Safeway Trails for 
carrying that passenger because they collected the 
funds in their entirety for the trip.

# # * * #
( 202)

Q. On this trip from New York to Montgomery, please 
tell the Court on what different lines the patron would 
proceed with this ticket, starting from New York? A. 
They would travel as designated on the ticket from New 
York to Washington on the line of the Safeway Trails, 
Inc. The next coupon reads from Washington to Rich­
mond, and that portion the patron is transported by the



124a

Virginia Stage Lines, Inc. The next coupon reads from 
Richmond to Fayetteville, North Carolina, and that would 
be for transportation on the lines of the Carolina Coach 
Company.

The next coupon reads from Fayetteville, North Caro­
lina to Augusta, Georgia, and that would be transported 
by the Queens City Coach Company.

The next coupon reads from Augusta, Georgia to Co­
lumbus, Georgia, and that coupon shows the patron will 
be transported by the Southern Stages, Inc.

The next coupon would be from Columbus, Georgia, to 
Montgomery, Alabama, and that would be by Capitol Mo­
tor Lines, Inc. The same would be true on the reverse.
(203)

Q. The line going through Georgia and passing through 
Warrenton, Georgia, that would be what line or what line 
was that at that time? A. Southern Stages.

Q. Do the coupons show on the face the line on which 
the different stages or the line which would carry the 
passenger on the various segments of the journey? A. 
Yes, as I previously explained.

Q. When it says, “ via SOS,”  what does that stand for? 
A. Southern Stages.

Q. If the plaintiff was on a bus in August of 1959 
which went from Augusta through Warrenton and be­
yond, was that on the line of the Southern Stages, Inc.? 
A. Yes, that is the line for Southern Stages, Inc.

Q. I see that there are one or two among the coupons 
offered in evidence by the plaintiff, I cannot recall which 
one it is, which does not contain the “ via”  designation. 
Suppose you look at them and tell us which ones do not

Thomas B. Stevens—-for Defendant—Direct



125 a

Thomas B. Stevens—for Defendant—Direct

(204)

and why. A. There is a coupon here reading from 
Columbus, Georgia, to Montgomery, Alabama, which has 
the “ via”  but does not have the carrier designation be­
hind it.

There is another coupon which reads “ From Mont­
gomery, Alabama to Columbus, Georgia,”  the reverse, 
which has the “ via”  but does not have the letters desig­
nating the carrier. The reason those letters are not 
printed on those two coupons is because the agent selling 
this ticket either did not find the matrix, as it is termed, 
reading “ To Montgomery”  or there was none available 
to him, being used by someone else or something, he did 
not use the Montgomery coupon, he used what we term 
the Columbus to blank designation frame to put in the 
machine to print the ticket, so that would not print the 
last coupon, the last coupon would not be printed in its 
entirety by the machine, and it is left for the agent to 
designate the carrier.

*  *  # # #

(205)

Q. You are the manager of the terminal or were at 
that time, weren’t you, where the tickets were sold? A. 
Yes, sir.

Q. And you are familiar with the issuance of tickets? 

* * # * #

Q. You are familiar with the printing of those tickets? 
A. Yes, made by a Burroughs printing ticket machine.

Q. You will notice on the back of those tickets produced 
by the plaintiff, as well as on the back of the ticket or



126a

coupon which is Defendant’s Exhibit B, there is the part 
printed commencing with ‘ ‘ Company reserves right to 
seat passengers”  and so on. Was that printed on every
(206)

coupon that was given to the plaintiff when she bought 
her ticket? A. Yes, that is printed on all tickets issued.

Q. That is printed on all tickets issued by Safeway 
Trails? A. Yes, that is printed by Band McNally so we 
could use it in our machines.

Q. On the trip from New York to Washington, was the 
bus operated by a driver employed by Safeway Trails, 
line.?

* * * # #

A. This 12.30 a.m. schedule?
Q. Yes. A. Yes. That was operated by Safeway 

Trails, Inc.
Q. My question was, was the driver from New York to 

Washington employed by Safeway Trails, Inc.? A. Yes.

Thomas B. Stevens—for Defendant—Direct

(207)

Q. Mr. Stevens, does any bus driver of Safeway Trails 
at any time go below Washington, either now or in 1959? 
A. Safeway Trails bus drivers do not operate beyond 
Washington, D.C.

Q. So that on August 6th, the 7th or 8th, throughout 
August, throughout July also, of 1959, did your bus 
driver taking a bus to Washington, including the one on 
which the plaintiff was riding, leave the bus in Washing­
ton? A. He finished his duty there. His job was done.

Q. Did he continue operating the bus below Washing­



127a

ton? A. No, lie has no authority to operate below Wash­
ington,

Q. The various drivers which changed as the plaintiff 
went along the route, were any of those drivers in the 
employ of Safeway Trails, Inc.?

# # # # #
(208)

A. None of the drivers south of Washington, D,C. were 
employed by Safeway Trails. The one from Washington 
to New York was.

Q. Did that go for the driver that was in charge of 
the bus at Warrenton, Georgia? A. He was not employed 
by Safeway Trails.

* # * # #

Thomas B. Stevens—for Defendant—-Direct

By the Court-.

Q. You made a statement on your direct examination 
that the tickets were taken, for instance, the bus went 
from Washington to Richmond, Virginia, is that so? A. 
Yes.

Q. They took one of those tickets off? A. Yes, sir, a 
coupon.

Q. You testified they took that coupon off so they could 
mail it back to you to get certain credit for what they did 
for you? A. They would take the ticket off to account 
for the people they carried. The principal reason would 
be so they would have the ticket to reclaim from Safe-
(209)

way Trails money for transporting the passenger from 
Washington to Richmond.



128a

Q. You told me that the other carriers took the ticket 
off for the purpose of mailing it back to Safeway Trails, 
is that right? A. That’s right, to bill them.

Q. For what? A. For carrying the passenger from 
Washington to Richmond.

Q. Would that be the total amount? You mean to tell 
me Safeway did not make anything for selling this- ticket 
except from New York to Washington? A. That’s cor­
rect.

Thomas B. Stevens—for Defendant—-Direct

By Mr. Miller:

Q. You charge the patron going to Montgomery a cer­
tain amount? A. That is correct.

Q. Of which a certain amount is allocated to each cou­
pon? A. That is right. It is printed on the coupon.

Q. It is marked right on the coupon? A. Yes, sir, right 
on the coupon how much each carrier gets for it with the 
exception of the last one.
( 210)

Q. I see there are notations in ink. A. No, that is not 
the number I am talking about. For instance, the coupon 
reading “ From Washington to Richmond,”  there is a 
number 228, that is the value of that coupon and that is 
what the Virginia Stage Lines, Inc. bills Safeway Trails 
for transporting that passenger.

Q. Is that the amount that Safeway Trails— A. Ex­
cuse me. No, that is not the one, that is not the right 
number. The 228 is the agent’s designation. This par­
ticular ticket, there again comes the transaction between 
the two tickets, one being printed in its entirety and one 
not being printed in its entirety. This particular ticket



129 a

is not printed in its entirety and does not show the valne 
of the coupon. Normally they do show the reclaim value, 
but this does not.

Q. What the judge wants to know is this:
Suppose on a given coupon the value was, say, $2.20, 

that is the amount that the connecting carrier receives 
from Safeway Trails? A. That is correct.

Q. Now are these amounts approved by the Interstate 
Commerce, the various apportionments of the tickets?
( 211)

A. That is also a filing, not the A-10Q0 tariff, but the 
division of the fares between the various companies is 
also filed with the Commission.

Q. Bates for interstate travel and connecting carriers 
are directed by the Interstate Commerce Commission? 
A. Yes, sir.

Q. I think we still don’t have the answer that his 
Honor wanted.

The Court: Perhaps I can clear it up.

Let me ask you this, what the counselor and I 
want to know, anyway this is what I want to 
know, first you tell me that the Safeway Trails

( 212)

made no money on this ticket beyond Washington; 
am I correct in that?

The Witness: That is right.
The Court: In other words, all they made was 

from here to Washington, and then from that point 
on you sold a ticket as an aid or help to the con­
necting line?

Thomas B. Stevens—for Defendant—Direct



130a

The Witness: As agent for the other connecting 
lines, the same as they would sell a ticket for our 
line.

The Court: Your company did not make a 
quarter out of it!

The Witness: We paid out everything we took 
in with the exception of the fare from_.Se.W-York 
to Washington.

The Court: Is that represented by your tariff 
which is filed by the Interstate Commerce Commis­
sion !

The Witness: Not in this A-IOOO but in another 
tariff.

The Court: Can you produce that!
The Witness: The National Bus Traffic Associa­

tion will be able to produce that.
(213)

The Court: I would be interested in that.
Mr. Miller: I want to follow it up still further.

Q. Let us suppose that the ticket from New York to 
Washington is $15—I don’t know what it is, but we will 
take an even figure, $15. Then there are various, amounts 
for the connecting carriers, so that the total, we will say, 
is $50.

Is it your testimony then that all that Safeway would 
get would be $15? A. That is correct.

The Court: That answers the question.

Q. This is an accommodation for the passengers as 
well as connecting carriers ? A. Yes. We have to have 
that arrangement.

Thomas B. Stevens—for Defendant—Direct



131a

Q. So that a passenger can travel continuously down 
South? A. That’s right. It is a reciprocal arrangement 
between motor bus carriers.

Q. When bus companies down South or north of New 
York sell tickets covering Washington to New York for 
Safeway, they don’t make anything on your part of the 
ticket? A. That’s correct.
(214)

Cross-Examination by Mr. Jones-.

Q. Mr. Stevens, I would like to direct your attention 
again to Defendant’s Exhibit C. Would you read what 
is in that line, sir? A. Issued September 18, 1959.

Q. Will you continue reading to the right-hand portion 
of the page? A. Effective November 1, 1959.

* * * * *
(218)

Q. Could you tell me whether the wording “ Raleigh, 
North Carolina, August 6, 12.30 a.m.,”  that is a matter 
which is stamped on by an employee of Safeway’s at 
the time of the issuance of the ticket? A. It is stamped 
by an employee of Safeway Trails, but not at the time 
the ticket is issued.

Q. When is it stamped? A. It is stamped at least 30 
days prior to the date on there, so that these reservation 
charts will be available to make reservations for an ad­
vance period before the departure is scheduled.

Q. I see.

Thomas B. Stevens—for Defendant—Cross

Mr. McKinney: Your Honor, may I resume the 
cross-examination ?



132a

The Court: It is a little out of the order, hut I 
will let you go. Usually we only permit one man 
to carry on at a time.

(219)
Mr. McKinney: I know, your Honor.
The Court: Hereafter, I don’t care which of you 

does it, but don’t split it up.
Mr. McKinney: That is why I asked the permis­

sion of the Court.
I beg the Court’s indulgence.
The Court: All right.

By Mr. McKinney:

Q. With respect to whether or not Safeway Trails re­
ceived any portion of the fare that is paid for a par­
ticular portion of the journey which ostensibly is across 
the lines of another connecting carrier, you indicated 
none? A. That is correct.

Q. Does Hafe3yas:-...l£ail,a--.xecelve any commission for 
the issuance of the ticket? A. Yes, there is a standard 
allowance for the sale of a ticket throughout the country**

ancTthat is 10 per cent, thorp 
"is a deduction of’ 10 per coni and they bill for 90 per 
TJeittnSMMrpaSScuIar portion, and that 10 per cent is 
to offset terminal cost, such as they are here in New 
York. We pay 10 per cent of all money taken in to the 
Port of New York Authority for the use of their ter-
(220)  *

minal, so the money is just passed on by the carrier 
for its terminal facility.

"Qr,"BnTO1Irat'as "'it may," for whatever reason, Safeway 
Trails, Inc. receives in consideration of its service for

Thomas B. Stevens—for Defendant—Cross



133a

the sale of a ticket, let us say hypothetically, for trans­
portation covered by Southern Stages, Inc., some money, 
whether it be commission, portion of the profit, portion 
of the rate or whatever you may call it, is that not cor­
rect? A. The corporation realizes nothing from it. Safe­
way Trails, Inc. realizes nothing for the ticket.

Q. When Safeway Trails issues a ticket for transpor­
tation, say, from Augusta, Georgia, to Macon, Georgia, 
and that is a specified sum of money, either some portion 
of that sum of money is credited to Safeway Trails, 
for whatever reason, whether it be commission or other­
wise, or the figure is set with the understanding that 
Safeway Trails, Inc. receives something in return for 
having issued that ticket, is that not correct! A, No, it 
does not pay Safeway Trails any money, so they would 
gain any profit in it. It is only to reimburse them for a
(221)

partial cost.

Thomas B. Stevens—for Defendant—Cross

The Court: Safeway Trails, Inc. gets back some 
money when you sell a ticket~from New York__to 
Montgomery, Alabama, you say 10 per cent,,, is 
that right?

The Witness: That is right.
The Court: You say that 10 per cent is what you 

pay, you wouldirt gain by it because it cost vou .10 
per cent and you pay it over to the P ort Ajiiiinr- 
ity for rent, is that it?

The Witness: That’s right.

Q. Safeway Trails, Inc. enters into an agreement with 
all of the connecting carriers that he uses to transport 
persons who purchase tickets from here in New York,



134a

is that correct? You have some kind of an agreement 
with Southern Stages, with Virginia Coach, with Queens 
City, you have some kind of written agreement with 
these other connecting carriers, is that not correct? A. 
This A-1000 tariff is the arrangement for selling of inter­
line tickets.

Q. Is there a written agreement entered into by Safe­
way with the other connecting carriers with respect to 
arrangements for the use of their facilities for the trans-
(222)

portation of passengers from wherever Safeway Trails 
issues the tickets to whatever the destination of the par­
ticular passengers, yes or no? A. None that I know of.

Q. Isn’t it a fact, sir, that there is on file with the Inter­
state Commerce Commission copies of all agreements 
existing between these carriers ? A. I couldn’t say there 
are copies of all our tariffs on file with the Interstate 
Commerce Commission, but as to agreement, I do not 
know.

Q. You do not know whether there exists an agree­
ment between Safeway and Southern Stages or not, do 
you? A. I do not know of any agreement other than set 
forth in A-1000.

Q. Are you suggesting, sir, that Defendant’s Exhibit 
C represents the entirety of any arrangements or agree­
ments existing by and between Safeway Trails, Inc. and 
Southern Stages or any other connecting carriers? A. 
If there is any other agreement other than this exhibit, 
I do not know about it.

# # # # #

Thomas B. Stevens—for Defendant—Cross



135a

Thomas B. Stevens—for Defendant—-Cross

(223)

Q. Mr. Stevens, you indicated that you issued tickets 
for transportation along other lines, and by the same 
token other lines issued tickets for transportation along 
your line, is that correct? A. That is correct.

Q. Jn so doing, there is mutual benefit to both parties 
or all, parties, is that not correc t A. Normally there 
may or may not,he. Normally, there would be.
(224)

Q. It is a distinct advantage to Safeway Trails, Inc., 
is it not, sir, to be able to arrange for the transportation 
of pasisengers approaching them for service along con­
necting lines beyond Washington, D.C. which you claim 
you do not service? A . There is an advantage in being 
able to sell beyond your lines, and ..also, we are obli­
gated in performance of our tariff issued, by the Inter­
state Commerce Commission to render that service. That 
is why the Bus Association issues the tariff.

Q. Independent of tariff agreements that you have filed, 
subject to the approval of the ICC, you also have the 
obligation to carry persons or produce beyond Washing­
ton, D.C., you are under no such obligation, are you? 
A. Yes, I think we are.

Q. Independently of the ICC tariff regulations which 
you have entered into? A. I think to fulfill the certifi­
cates issued to us by the Commission that we would have 
to transport such tariffs. I don’t think that we could 
refuse to transport that traffic.
(225)

Q. Therefore, in order to meet this obligation, Safe­
way entered into agreements with various carriers to



136a

carry passengers who purchase tickets, from Safeway, 
isn’t that correct? A. In order to meet this general over­
all obligation, the National Bus Traffic Association issued 
all these tariffs for all these companies, not only Grey­
hound or Safeway or Southern Stages, but this matter 
was handled by this Bus Traffic Association in Chicago 
for all of the bus carriers in the United States.

Q. Mr. Stevens, assuming that Safeway Trails, Inc. 
owns and operates vehicles for the transportation of 
passengers over interstate lines from New York City to 
Washington, D. C.; assuming further that Safeway Trails, 
Inc. had no agreements with any other connecting car­
riers for the issuance of tickets for the transportation of 
persons from New York beyond Washington, D. C.;

And assuming further that the competing bus com­
panies with offices in the City of New York did have 
agreements with other companies to carry passengers 
who purchased tickets from their office in New York over 
lines throughout the South, then, in your opinion, sir,
(226)

given these presumed state of facts, would or would not 
Safeway Trails, Inc. suffer in terms of its competition 
with the company in New York which did have such ar­
rangements with other connecting carriers?

*  *  *  *  #

A. As long as we are part of this tariff, we can sell 
tickets even on the Greyhound Lines in the South. We 
might have routed this passenger by Greyhound. They 
eouldn’t refuse, because they are a member of the tariff. '

Thomas B. Stevens—for Defendant—Cross



137a

Q. I appreciate your answer, sir, but would you try 
to answer the question.

Did you hear the hypothetical state of facts I presented? 
A. Yes. But we do not have any of these agreements, 
we don’t have any or need to have them, we have these 
tariffs. We are a party to this tariff, so there is no 
need to have these agreements. These agreements you 
refer to have no bearing.

Q. Mr. Stevens, would it be fair to assume that if
(227)

I could go to X  company and purchase a ticket, but 
could only be transported as far as Washington and 
they could not issue a ticket to me to carry me beyond 
Washington, while on the other hand I could go to Safe­
way Trails, Inc. and purchase tickets to carry me all the 
way to Selma, or Montgomery, Alabama, that it is more 
than likely that I will come to your company to pur­
chase tickets and, as the result, you will receive profit 
for the ticket from here to Washington, than if I went 
to X  company which would only make arrangement for my 
transportation to Washington; is that not so? A. If 
that were the case, you might assume it.

Q. Therefore, there is a mutual advantage and con­
venience which inures to the profit and success of your 
company, that you are in a position to sell tickets to 
carry passengers throughout various parts of the United 
States by the use of connecting carriers; is that not cor­
rect? A. I don’t believev that is correct just as stated, 
because in fulfilling this obligation a passenger destined 
to Montgomery, Alabama, which is the ease here, our

Thomas B, Stevens—for Defendant—-Cross



138a

Thomas B. Stevens—for Defendant—Cross

(228)
fare from New York to Washington is $7.85. If each 
and every company involved were to charge its local fare 
between the two points in question, that fare would be 
much higher than the fare charged the patron to travel 
from New York to Montgomery, Alabama.

Therefore, the bus companies have gotten together and 
accepted less so as to hold out for this long distance 
transportation. Therefore we did not even get our 
standard fare to transport this passenger from here to 
Washington, D, C. We did nont get $7.85. We agreed 
to take- less.

Q. Mr. Stevens, are there any bus companies in the 
city, that operate in or about the City of New York, 
which can provide for the carrying of passengers from 
New York to some other point but are not in the posi­
tion to sell tickets for transportation beyond a particu­
lar point to other points? A. Transit companies.

Q. Bus companies? A. Transit bus companies.
Q. Are there such bus companies? A. Yes, that op­

erates suburban service from New York City.
(229)

Q. I mean from New York City to outside New York 
{State, say.

Mr. Miller : That would be suburban, too.

Q. Are there any bus companies which engage in in­
terstate travel, no matter bow limited, which would not 
be in a position to sell a passenger a ticket beyond the 
point of the limit of their own control and management? 
A. I cannot recall a company right at the moment, even



139a

Public Service, the local transit company, can sell long 
distance tickets from their lines to any point in the 
United States, and is a member of this tariff.

Q. You don’t know whether there are or are not any 
such companies? A. There are some transit companies, 
as I mentioned, local transit companies, but I know of no 
company that would be other than a pure transit com­
pany which does not or is not a member of this arrange­
ment, whereby they could sell tickets. I do not know of 
one.

Q. That does not mean there are none? A. No, it 
doesn’t mean there aren’t any.

Q. In consideration for whatever arrangements you
(230)
have to sell tickets for the transportation of passengers 
beyond your lines, you have a correlative arrangement 
with the other lines that they shall sell tickets to cover 
your lines, isn’t that correct? There is a consideration 
for your agreeing to sell tickets, for instance, to the 
plaintiff to travel beyond Washington, I). C., and that 
consideration is that the other lines will in turn sell 
tickets to transfer their passengers over your lines, is 
that not correct? A. That is not correct.

#  #  #  #  #

(231)
Q. My question is, Mr. Stevens: if you know does 

Southern Stages have authority to sell tickets------

The Court: He answered that question, he said 
he doesn’t know. At least that was my understand­
ing.

The Witness: That is correct, your Honor.

Thomas B. Stevens—for Defendant—Cross



140a

Q, You do not know! A. I do not know.
Q. Do yon know whether or not Virginia Trails has 

authority to sell tickets to transport passengers over your 
lines! A. I know they are a party to this A-1000 tariff, 
which gives them the privilege of routing a ticket over 
our line or, a.s I say, the line of our competitors.

Q. May I ask you, sir, if Mrs. Ephraim had purchased 
only a one-way passage at your booth, at the. Terminal 
Building, to Montgomery, Alabama, and she had been in 
Montgomery and wished to return, would she have been 
able to go to the line that covered Montgomery, Alabama, 
that is, in the schedule along“-the"~T6tfte that you cover,
(232) — ,—

would she have been able to purchasei g. .completp,„&erio:s 
of one-way tickets hack to INew” Y orkt mcludmg...passage 
from Washington to New York along Safeway Trails ter­
ritory! A. I would assume so.

Q. In a and New York oper-
ated“lnd controlled by your company, is that not correct! 
A. I  think so*,,,,,—  :

Q. Basically it is a two-way proposition, Safeway 
TrudJJlIEHIsells tickets which cover transportation along 
other lines and at least certain other lines have author­
ity and do sell tickets to cover transportation along your 
lines? A. That is correct.

Thomas B. Stevens—for Defendant—Cross

(235)

Q. With respect to these regulations, as I understand 
it, Safeway Trails files certain pages, is that correct?

Safeway submits something to the IOC, but that is ap­
proved or disapproved and it becomes part of the IOC



141a

regulations? A. I don’t believe that. I said the Na­
tional Bus Traffic Association files on behalf of its mem­
bers on which Safeway Trails is a member.

# # # # #
(236)

Q. You testified on direct examination with respect to 
the meaning of various symbols in the columns on the
(237)
third page of this exhibit? A. That’s right.

Q. And when questioned with respect to Column 2, on 
the top of which appears MPXA3 No., annexed to it 
various numbers, you were questioned by Mr. Miller with 
respect to that column.

Do you know what MPXA3 stands for? A. Motor 
passenger something or other. I can’t recall exactly what 
it means.

Q. Where for instance on that page, starting with Ran­
dall Bus Line, merely underneath it it says, “ Reading 
Transportation Company,”  and under that column it has 
the figure 2, you don’t know specifically what that No. 2 
means? A. I stated I did not know what that number 
meant other than Safeway Trails No. 2.

Q. Will you tell us specifically what the No. 2 next to 
Safeway Trails means? A. I said that it referred to the 
second issuance of Safeway’s local filing with the Com­
mission.

Q. What does it mean? Do you know?

Thomas B. Stevens—for Defendant—Cross

* * * * *



Thomas B. Stevens■—for Defendant—Cross

(238)
A. Each and every motor carrier files a tariff with the 
Interstate Commerce Commission between points solely 
served by that carrier, and no Bus Traffic Association or 
anybody else has anything to do with it but that carrier, 
Safeway Trails, Inc. They file that local tariff. Their 
first local tariff, as I explained before, was No. 1. Safe­
way Trails Local Tariff No. 1.

Due to the fact that they purchased the Quaker City 
Bus Company, that tariff was revised, so we had a second 
tariff filed with the Commission, set forth fares to points 
wholly served by Safeway Trails and no other carrier in­
volved.

Q. So, in substance, then, sir, is it your testimony that 
the No. 2 in that column, headed by MPXA3 next to 
Safeway Trails, Inc. means it has on file two tariff reg­
ulations? A. That is my interpretation of it, that that 
refers to the fact that there were two tariffs filed.

Q. Are you certain of that? A. In my own mind.
Q. Do you know that of your own knowledge? A. 

That is my understanding of it.
Q. Therefore, it would be reasonable to assume that

(239)
where there is a 4 next to another company, that they 
have four tariff regulations filed, is that correct? A. 
It does not mean tariff regulations, it means transporta­
tion on their company rates.

Q. It has four schedules? A. It has nothing to do with 
schedules. This only deals with rates. Schedules is an 
entirely different matter.

Q. It has four sets of rates? A. It wouldn’t have four 
sets of rates in effect at any one given time. Naturally, 
the second one would supersede the first.



143a

Q. But it would still mean where a figure 4 appears 
next to a line that it has four sets of something filed, is 
that correct! A. In my opinion, that is my understand­
ing of it,

Q. When you say that is your understanding, you can­
not say that of your own knowledge! A. That is what I 
understand 2 to mean.

*  •  #  *  •

(241)

Q. One further question, Mr. Stevens.
You mentioned before the figure 10 per cent. When 

you say TO per cent, you indicated that Safeway Trails. 
Inc. would receive 10 per cent of something, or there is 
an allowance of 10 percent of something, that is that 10 
per cent of?

#  *  #  #  #

A. There is a companion tariff to the A-1000 tariff which 
has been presented here. It is known as the Central 
Revenue Bureau tariff. In that it states exactly how 
much money a carrier shall receive for transporting a. 
passenger from a given point to another point. We shall 
say that that tariff, for the sake of explaining it, that 
that tariff says that the carrier that transported Mrs. 
Ephraim from Washington to Richmond would receive $3.

That carrier then would bill Safeway Trails the $3 less 
10 per Cent or 30 cents to offset terminal cost. The rea­
son I am so certain of all this is because our costs have
(242)
doubled in New York apnd it is a very sore spot for us. 
It costs uis 20 per cent to do business and we only get 10 
per cent back.

Thomas B. Stevens—for Defendant—Cross



144a

Q. Regardless of  how you may interpret it, for the 
. 'sa (̂> of each and every ticket issued by Safeway Trails 
at the New York Port Authority Terminal for transporta- 
tion of a given passenger over any other lines besides-* 
that of Safeway Trails, there is received by Safeway— -3 
Trails or there is an allowance .of 10 per., cent of the filer) _> 
fare for that portion of. the transportation,, .is: that-not 
correct, yes or no? . A.. That is correct.

Q- Therefore, because this is_ the custom, 10 per cent
-Of.the fare or of that portion of the f are. .paMAy--MT-H'
Ephraim for transportation over"the lines., of..Southern 
Stages, which covered Warrenton, Georgia,. was received 
by Safeway Trails, Inc., is that not correct, yes or no?
A. I don’t know whether it was received or not.

Q. It should have been received, is that not correct?
A. [ would assume so.
(243)

Q. It is the custom for it to be received? A. We al­
ready had the money. Mrs. Ephraim paid us here for 
it and we would be billed less the 10 per cent.

Mr. McKinney: No further questions.

Re-direct Examination by Mr. Miller-.

Q. Mr. Stevens-, your terminal is in. the Port Authority 
Terminal in New York? A. That is correct.

Q. Do you have to pay the Port Authority 10 per cent 
on every ticket sold by you, whether it is over your line 
or connecting line?

Thomas B. Stevens—for Defendant—Re-Direct

* * * * *



145a

Thomas B. Stevens—for Defendant—Re-Direct 

A. Indeed we do,
Q. And lilt! Interstate Commerce Commission allows 

yon to hold back the 10 per cent from the connecting car­
rier which yon pay over to the Port Authority, is that 
right? A. I don’t know about allowing, I am sure the 
Interstate Commerce Commission knows these things, 
these regulations are filed.

Yes, they permit us.
(244)

Q. Let us say that a particular ticket is $3, yon have 
to account for that to the Port Authority? A. Yes, all 
our sales are subject to audit by the Port Authority.

Q. So for that $3 you have to pay 10 per cent of that 
or 30 cents to the Port Authority? A. Yes.

Q. And that is what you deduct when you remit to 
the connecting carrier? A. That is correct.

The Court: You have a straight lease arrange­
ment with the Port Authority?

The Witness: Yes. At that time we had a ten- 
year lease, from the time the building was built 
which called for us to give 10 per cent to the Port 
Authority on all revenue received, and then we in 
turn our own ticket sellers, our own dispatchers 
and so forth. They just provide us. a. place to sell 
the tickets. We have to pay them additional rev­
enue for each bus that leaves the building and 
so on.

The Court: Did you have a direct arrangement 
with the Port Authority that you had to pay them

(245)
10 per cent on the amount of business you did?

The Witness: Yes, sir. All carriers do.



146a

Thomas B. Stevens—for Defendant—Re-Cross

The Court: Let me ask you this question:
After your tariff was filed, Exhibit B, you then 

issued the timetable which is Defendant’s Exhibit 
E, is that right!

The Witness: The timetables are issued sepa­
rately from the tariffs, your Honor.

The Court: You say on the timetable that you 
could sell a ticket directly from New Yqrk to Ala­
bama, don’t you!

The Witness : The timetable shows the service, 
the tariff gives us the authorization to sell the 
ticket.

The Court: You couldn’t, say, “ I can sell you 
a ticket from New York to Alabama,”  unless you 
filed tariff A-1000 first!

The Witness: If we were not members of tariff 
A-1000, that would be correct.

The Court: You could not put out the time-table 
until after that tariff was filed, A-1000. whether 
it was filed by you or the Association, isn’t that

(246)

The Witness: Yes, that is correct..

Re-cross Examination by Mr. McKinney:

Q. You indioaeted under the arrangement which you 
have with the Port Authority Terminal, you have to re­
mit to them 10 per cent of the total business done? A. Yes.

Q. When you say the total business done, that includes 
sales of tickets for transportation of the lines beyond your 
own route and on your route, isn’t that correct? A. That 
is correct.



147a

Q. There is no differential between percentage of 
business over lines beyond your route and between New 
York and Washington? A. The Port Authority wants 10 
per cent of every dollar you take through the ticket 
window.

# # # # #
(253)

E d ith  Cecile R eid , ca lled  as a w itness b y  the p la in tiff, 
b e in g  first d u ly  sw orn , testified  as fo llo w s :

Direct Examination by Mr. McKiimey :

Q. Dr. Reid, would you please keep your voice up so 
that all parties in this proceeding may hear you dis­
tinctly.

Dr. Reid, do you maintain an office for the general 
practice of medicine here in the State of New York? A. 
I do.

Q. Are you licensed to do so! A. I am.

# # # # #
(256)

Q. Doctor, do you know the plaintiff in this action, 
Mrs. Florence Blaise Ephraim? A. Yes, I saw her in 
my office.

Q. Will you please tel lthe Court, if you recall, referring 
to any records that you may have if necessary to refresh 
your recollection, when first you saw the plaintiff, Mrs. 
Florence Blaise Ephraim? A. I saw Mrs. Ephraim for 
the first time on the 14th of August, 1959. She came in 
at that time with a chief complaint of, “ I was beaten up.”

Edith Cecile Reid—for Plaintiff—Direct



148a

She stated that on 8/7/59 she was pulled off of a bus 
around midnight and unmercifully beaten around the 
head and lower extremities. She blacked out and when 
she recovered consciousness she was bleeding profusely 
from the head and from the leg. They took her to the 
hospital.

She received emergency treatment. They kept her in 
the hospital. She told me that they told her that the 
sheriff would be coming back for her and that it was ad­
visable that she not be there.

She was very frightened and she signed out of the hos­
pital in order to travel in the opposite direction. This
(257)
was seven days prior to the time that I saw her.

Q. After having received this history from Mrs. 
Ephraim, did you conduct an examination of her? A. 
Yes, I did.

Q. Will you please tell the Court what you found upon 
examining her at that time? A. The patient was very 
agitated and quite upset and apparently in quite a bit 
of discomfort. Her forehead, the frontal area was swollen 
and she had a laceration with sutures still in place. On 
the right side she had some swelling of the scalp. She 
had contusions and abrasions, excoriations of her right 
lower extremity which was painful, quite tender and 
swollen. Those were most of the physical findings at 
that time.

She complained of dizziness, weakness, headaches, a 
great deal of anxiety. She was also anemic at that time.

Q. Dr. Eeid, having made this examination, what were 
your findings, referring if necessary to your note to re­

Edith Cecile Reid—for Plaintiff—Direct



149a,

fresh, your recollection, as to the condition or the diag­
nosis of Mrs. Ephraim’s injuries? A. My diagnostic im~
(258)
pressions were severe cerebral concussion, post-concus­
sion syndrome, laceration of the left frontal area of the 
face, lacerations of the right leg and a possible perostitis 
of the right tibia, abrasions and contusions of the right 
leg and anemia.

Q. Having so examined the patient and having made 
your findings, did you then conduct a course of treatment 
for her? A. Yes. I referred her to the radiologist for 
repeat x-rays of the skull and the left lower extremity, 
and then I treated her with analgesics, tranquilizers, 
hemotinics and some medicine for the dizziness.

Q. You referred, Doctor, to a laceration over, I believe, 
the left frontal area, near the hairline, with sutures in 
place. What did you do with respect to this particular 
laceration? A. I removed the sutures.

Q. If you recall, Doctor, or if necessary referring to 
your records for purposes of recollection, will yon please 
tell the Court approximately how many times the patient 
was examined or seen by von at your office? A.. T saw 
her five times; six times actually.
(259)

Q, Doctor, did you render to the patient a bill for 
services rendered by you in vour professional capacity as 
doctor? A. Yes.

Q. Was that bill paid by her? A. Yes.
Q. You indicated, Doctor, that you referred the patient 

to a radiologist for purposes of repeat x-rays.

Edith Cecile Reid—for Plaintiff—Direct



150a

"Will you please tell the Court if you know the findings 
of the x-rays taken by the radiologists'? A. Yes. There 
was no evidence of any fracture or dislocation.

Q. Were there any other findings'? A. The only other 
thing he noted was a moderate soft tissue swelling in the 
region of the anterior right parietal bone.

Q. Doctor, since this period of care rendered to the 
patient, have you had occasion recently to examine her 
again1? A. Yes, I saw her on 3/5/64.

Q. That was last week? A. Yes, or the week before 
last.
(260)

Q. Doctor, would you tell the Court if you can the find­
ings at that time? A. The patient stated that she still 
felt dizzy on sudden motion, such as bending or turning 
her head, and the area of laceration was quite tender, so 
much so that she could not go to the hairdresser because 
of the pain elicited on manipulations by the hairdresser. 
The lacerations were healed, but the left super orbital 
laceration is tender, not markedly so, but tender.

* * * * *
Q. Doctor, assuming, if you will, that we are dealing 

with a 39 or 40-year old female, who, after having rid-

(261)
den in a bus for a period of approximately 24 hours;

(262)
A. Yes, I feel fairly certain that the injuries sustained 
caused the patient’s symptoms.

Edith Cecile Reid—for Plaintiff—Direct



151a

Edith Cecile Reid—for Plaintiff—Cross 

Q. One further question, Doctor.
I ask you if after having rendered a hill to the patient 

the bill was paid? A. Yes.
Q, Subsequent to this initial period of treatment and 

after the most recent examination, did you again render 
a bill for professional services rendered? A. Yes.

Q. Was that bill paid? A. Yes.
Q. In connection with your appearance here today, you 

are entitled to a fee for your appearance.
(263)

Do you expect to be paid for your appearance here to­
day, in the capacity as an expert witness? A. Yes.

Cross-Examination by Mr, Miller:

# # # * #

Q. Doctor, you said something about when, the patient 
was in the hospital in Georgia, McDuffie County Hospital, 
something about the sheriff returning for her.

That is what she told you? A. Yes.
Q. The sheriff would return for her, is that it? A. 

He had brought her there.
Q. He brought her there? A. Yes.
Q. She told you that the sheriff had brought her there?

(264)
A. Yes.

Q. When you examined this patient, of course you no­
ticed the sutures on the forehead? A. Yes.

Q. And of course you noticed the injury to the leg, 
black and blue mark, I suppose, some laceration there? 
A. She had contusions and abrasions, excoriations, swell­
ing.



152a

Q. Tell me, outside of those injuries that you saw, what 
else did you see objectively other than what the patient 
told you as to her injuries'? A, The patient was very 
agitated and her hemoglobin was 70.

Q. That indicated what? A. That she was anemic.
Q. Had you examined the patient before this incident 

at any time? A. No, I had not.
Q. Did you know whether or not she was anemic be­

fore? A. No, I did not.
Q. You don’t know whether the anemia had anything

(265)
to do with this incident? A. No, sir, I could only record 
what I saw.

Q. You immediately or within the next few days had 
her go to an x-ray man? A. Yes.

Q. Dr. Alexander? A. Yes.
Q. He made a report to you? A. Yes.
Q. He sent the x-ray to you, did he, or did he retain 

them? A. He sent them to me.
Q. As to the right lower leg, is it true, is it a fact that 

the x-ray failed to show any evidence of fracture or dis­
location? A. I stated that.

Q. And showed no peritosio irritation or osteomyelitis? 
A. No.

* * # * *
( 266)

Q. Did the x-ray show that both the inner and outer 
tables appeared to be intact and there was no evidence of 
increase in intracranial pressure? A. It showed that, 
but it did not change my diagnosis.

Q. Did it also show that no bony injury was noted in­
volving the sphenoid or petrous ridges? A. That’s cor­
rect.

Edith Cecile Reid—for Plaintiff—Cross



153a

Q. Did it also show that the nasal bones and the an- 
terio nasal spine appeared to be intact? A. Yes.

Q. It did show that a moderate soft tissue swelling- was 
present in the region of the anterior right parietal bone? 
A. Yes. This was ten days after the injury.

Q. And the x-ray did not show any evidence, as far as 
you know, of any cerebral concussion? A. An x-ray 
would not show that.

Q. What evidence did you find of cerebral concussion, 
what led you to believe that diagnosis? A. The fact that 
she was still dizzy and still had headaches, weakness, she
(267)
was not concentrating well.

Q. When you last saw her this month, the lacerations 
of the forehead seemed to be well gone? A. The lacer­
ation is still there, it is healed, but it is still there.

Q. And the leg laceration is healed? A. Yes, but it is 
still there.

*  *  *  *  #

The Court: You say the laceration of the head 
was tender to the touch?

The Witness: Yes.
The Court: How about the laceration to the leg? 
The Witness: No.
The Court: Just her head?
The Witness: Yes.

*  *  #  *  *

_ The Court: How much was your bill the first 
time, that you say Mrs. Ephraim paid?

The Witness: $35.

Edith Cecile Reid—for Plaintiff—Cross



154a

Edith Cecile Reid—for Plaintiff—Re-Direct 
Edith Cecile Reid—for Plaintiff—Re-cross

The Court: How much for your second examina­
tion on March 5th?

(268)
The Witness: $10.
The Court: Total $45?
The Witness: Yes.
The Court: And your fee for testifying, how 

much do you expect to get today for testifying in 
this case?

The Witness: $25.

* * * * *

Re-airect Examination by Mr. McKinney:

Q. Upon am examination of the plaintiff on March 5, 
did you find any residual scars on the leg from the origi­
nal laceration? A. Yes.

Q. So there is both a scar on the leg and oyer the 
hairline? A. Yes.

* * * * *
(269)
Re-Cross Examination by Mr. Miller:

Q. Your last examination was on March what date? 
A. 5th.

Q. Were you at that time or any time before shown 
the abstract of a report from the McDuffie County Hos­
pital? A. No.

Q. At no time? A. No.
Q. Did you ever ask to see it? A. Yes.



155a

Q, Whom did you ask? A, Initially we tried to get 
the report from the hospital and at the time I asked 
about it I did not get it. In between I did not think 
about it any more.

Q. Just by way of refreshing your recollection, I show 
you this letter of October 29, I960, from McDuffie County 
Hospital to Lubell & Lubell & Jones and ask you dddn’t 
you see that original or a copy of that? A. No.

Q. You know they took x-rays down there? A. Yes,
(270)
that is why I said, “ Repeat x-rays.”

Mr. Miller: Does counsel concede that this is a 
copy frnished to me by counsel for the plaintiff?

Mr. McKinney: It is a copy of a letter which is 
an exhibit in evidence. If not, I will offer it in 
evidence.

The Clerk: It is not in evidence,
The Court: I suggest it be marked as Exhibit 

6-A, since it belongs with those McDuffie County 
records.

Mr. McKinney: I am sorry about the omission, 
your Honor, I was under the impression it had been 
introduced.

(Plaintiff’s Exhibit 6-A received in evidence.)

*

Edith Cecile Reid—for Plaintiff—Re-cross

# # #



156a

Milton Daniel Beacher—for Defendant—Direct

(271)

M ilton  D an iel  B eacher , called as a witness by the de­
fendant, being first duly sworn, testified as follows:

Direct Examination by Mr. Miller:

Q. Are you licensed to practice medicine in the State of 
New York? A. Yes.

Q. When were you so licensed? A. June, 1936.
Q. Since then have you practiced medicine in the State 

of New York? A. Yes, sir.
Q. In the City of New York? A. Yes, sir.

#  ̂ #

Q. Doctor, on the 3rd of March 1964, did you examine 
this plaintiff, Mrs. Ephraim? A. Yes, sir.

Q. At your office? A. Yes, sir.
(272)

Q. Will you please tell the Court what she told you 
about her complaints, what examination you made and what 
you found on examination and what tests, if any, you 
applied and what your findings were ? A. The present com­
plaints as stated, to me were attacks of vertigo from 
time to time, and the side of the right eye was not as good 
as the left eye.

On examination, a somewhat elevated well healed non­
tender one-eighth by three-quarter inch scar was seen over 
the left lateral upper forehead region.

Further examination revealed a somewhat invaginated 
non-pigmented regularly outlined one-quarter by three-



157a

eighth inch scar over the anterior tibial surface of the 
right leg.

I make mention of the fact that both of them are per­
manent but that they will continue to fade further as time 
passes.

The remainder of my examination was negative for ob­
jective residuals during this examination.

Q. Did she tell you what had happened to her ? A. The
(273)

history as given to me stated that on 8/7/59 at 11.45 p.m. 
she was awakened while asleep on a bus en route and 
passing through Warrenton, Georgia and asaulted.

There is a history of unconsciousness, taken to McDuf­
fie County Hospital in Warrenton, Georgia and admitted 
and signed self out two days later and returned to New 
York. Thereafter saw her own physician for further treat­
ment.

Q. Did you find any evidence whatever of any brain con­
cussion or post-concussion syndrome! A. No, sir.

Q. Have you found recovery to have been complete and 
uneventful? A. Yes, sir.

Q. Did you find any sequelae as a result of the alleged 
trauma sustained in August of 1959? A. No, sir.

Mr. Miller: Your witness.

Cross-Examination by Mr. McKinney.

Q. At the time you examined the plaintiff you were 
aware, were you not, that almost five years had elapsed 
since the injuries were sustained? A. Yes, sir.

Milton Daniel Beadier—for Defendant—Cross



158a

Milton Daniel Beacher—for Defendant—Cross

(274)

Q. You indicated an answer to Mr. Miller’s question 
that you found no evidence of brain concussion or post­
concussion syndrome, is that correct! A. Yes, sir.

Q. That does not rule ont, does it, Doctor, that there 
existed post-concussion syndrome a month or two or three 
or perhaps even a year after the injury was sustained? 
A. It does not.

Q. As a matter of fact, it does rule out that she pres­
ently still has a post-concussion syndrome, is that correct? 
In other words, your testimony and your findings are lim­
ited to the present condition of this plaintiff? A. Yes, sir.

Q. You are not in a position, are you, Doctor, to give us 
any evidence of her condition between the date of the in­
jury up to a period of time just before you examined her? 
A. Yes, sir, I am not.

* # # # #



9 
6 

4 
23

X ;»SUED BY
, >. ^T fim W A Y S ' NEW YORK TERMINAL 

of-------finnteRnsj fin, f i'^^COb^BUS-J GA. (S>
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T 1  VIA V A ^ f ^ i l - ^ R T  

Oflia 
ON BEST,

D iS T ...E llE lC ,l'-r ~ r--. .........

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: > = } | OFF AT............... ......... ................................

Valid Until 5 Minutw* Prior 
3 4  To Scheduisd Dopartwr* Tima 3 4  .

3*5»o i
S u b je c t  t o  T a r iff  R e  s u b o r n  

-WmB IF DETACHED V !©•-Pre «i«l«n



159a

Plaintiff’s Exhibit 1



160a

Each ticket contains the following legend on the back:
“ Company reserves right to seat all passengers. 

Not responsible for damage to or loss of checked 
baggage to exceed $25 unless insured. No respon­
sibility accepted for unchecked baggage. In selling 
this ticket and checking baggage thereon the selling 
carrier acts only as agent and is not responsible 
beyond its own line and does not assume expense 
of transfer at any junction or guarantee any con­
nections.

“ S—Safeway Trials, Inc.
1200 Eye St., N. W., Washington 5, D. C.
TNE—Trailways of New England, Inc.
1200 Eye St., N. W., Washington 5, D. C.”

Plaintiff’s Exhibit 1



161a

Dress

Plaintiff’ s Exhibit 2

Plaintiff’ s Exhibit 3

Sweater

Plaintiff’s Exhibit 4

Handkerchief

Plaintiff’s Exhibit 5

Slip

Plaintiff’ s Exhibit 6

Receipt for $39.00 paid to McDuffie County Hospital



3 62a

McDu f f i e  c o u n t y  h o s p i t a l

Joe A. Usery, Administrator 
T hom as, G eorgia

“ T h e  C am ellia  C it y  of th e  S o u t h ’ ’ 
Oct. 29, 1960

Plaintiff’ s Exhibit 6A

Lubell & Lubell 
140 Nassau Street 
New York 38, New York

Re: Florence Blaize—Ephraim

Dear Sir:

The above subject person was admitted to this hospital 
on 8-7-59 and discharged on 8-8-59 under the care of Dr. 
E. L. Cook.

Her final diagnosis was, “ Laceration of the forehead, 
Contusion and hematoma rt. shin” .

Florence was struck on left forehead by black jack and 
she said she was excited and dizzy, but there was no uncon- 
scienceness.

I trust this is the information you desire.

Yours very truly,

M cDuffie Couhty H ospital
Helen Prather (Mrs.)
Insurance Clerk



163a

Plaintiff’ s Exhibit 7 

Bill of Dr. Cook for $23.00.

Plaintiff’ s Exhibits 8 and 9

Bills for medical treatment and x-rays totalling $75.00

Defendant’s Exhibit A

Reservation of seat to Raleigh, N. C. This exhibit is 
part of Plaintiff’s Exhibit 1, contained herein at p. 159a.



164a

Defendant’s Exhibit B

[For the Convenience of Court and Counsel This Exhibit 
is Bound in on the Opposite Page]



, <■ Company rese-ra right to seat all passengers. Not }} • responiMo fjr damage to or loss of thecked ~E ' baggage to exceed $25 onless insured. No tespon- ■- 
Vj - sittttty eocepted for unchecked baggage. In selling \ ft’.' Ms tidESl and cheeking baggage thereon the selling lStarrier lets only as agent and Is not responsible ,, 

beyond Its own line and does not assume expanse r
K  ef trmsfef at any juncden point or guarantee any* >. g 

onaesttons. - v , f

-SAFEWAY TRAILS, leSu
' i |HO Er* SL,M. W„ W«M«e*«« 8,0.61;'*

" ’  ‘ 1 **.*<-..•- •*>**>«»> j,1NE ̂ Tfeilwey* oi NWthaiend, Inc.
. >« -H. * \ •«

{V  r, 
if.&q

jtoo
’1 ■Jf V**-- ■- J-afe A. a



165a



166a

INTERSTATE COMMERCE COMMISSION 
Washington 25

I, Harold D. McCoy, Secretary of the Interstate Com­
merce Commission, do hereby certify that the schedules 
hereto attached, and more particularly hereinafter de­
scribed, are true copies of schedules tiled with the said 
Interstate Commerce Commission on dates specified below, 
such schedules having been in force throughout the period 
April 1, 1959 to April 14, 1960, both dates inclusive; to wit :

Eighth Revised Title Page of National Passenger Tar­
iff No. A-1000, MP-I.C.C. No. 774, National Bus 
Traffic Association, Inc., Agent, filed March 27, 1958.

Ninth Revised Title Page of National Passenger Tariff 
No. A-1000, MP-I.C.C. No. 774, National Bus Traf­
fic Association, Inc., Agent, filed September 23, 1959.

Twenty-Sixth Revised Page A2-11, filed February 26, 
1959;

Twelfth Revised Page A3-5, filed February 26, 1959 ;
Twelfth Revised Page A3-6, filed February 26, 1959.
The stamped and handwritten additions appearing on 

the copies hereto attached are expressly excluded from this 
certification, as said additions do not appear on the origi­
nals so filed.

In w i t n e s s  w h e r e o f  I have hereunto 
set my hand and affixed the Seal of 

(seal) said Commission this 1st day of March,
A. D., 1963.

/ s /  H arold D. M cC oy 
Secretary of the Interstate 

Commerce Commission

Defendant’ s Exhibit C



g ' il. P. S. C. Nd. iy 
' MP-A.CC No. , 
MP-Ark. C C : * 
Cal. P. U. C > ■
coio. p. u. c  r 
P. U. C Cean. . 

•Del. P.S.C. No. 2$ 
Ha. R. C No* 2 
Ĝ . ?. S. C. Nv 

AI. P. U. C No. .. 
MP IIU C C No i

P. S. C I Not B~A 
la. C C No. *
K. C C No.
Ky. D. y .  T . . .* 
P. S. C 1 .0
<̂f. P. u. C . ij 

.S.C.-* I . so. 21 
. D.P.U. No. ? 

S. C No. 2> 
no. R. C No. 16'

N<
N

U. C Otc. No. 7: 
^.Pz.P.U.C So. .

S. C S. C. No. 2;
V. -C. S. 3. No. 2i 

V. ii.- ?. U. C No. 2> 
R. C. Tex. No. 27

' No. 9
1 C No. 774

• C. U. No. 51
P. r Vt. No. 6-VP-v. C. C No. 71 
' -v T. No. 26
. Ai.CW.Va. No. 59
* ’* A 5. C No. 29 VvVo. p. S. C No. 5i

No supplement ?o this tariff will be 
iffued except fo. the purpose of caa- 
celling the tariff uoless specifically 
, authorised by tiw Commission

t 'Peso.,, u» I. .
Thitr.-iAo; .lev. »d Tide Page ijace ■'Thirty-First hevi$t ,'u.c Page

Eighth Revise- Tide Page
Cans. s

Seventh Revise. Title Page
Intrasr.ie,

except Pcntuylvani* istrastate 
Eighth Revised Tide Page 

Car-
Sixth Revises . ie Page 

(Seventh Revised dtle Page 
not issued)

and Supplement No. A to Del. P.S.C 
_________  No. 25

'f£ & fpar

NATIONAL PASS!

C■ IL~i •a.

'ARIFF NO. A -l JOG
OF

Interdivision and Join:
Fares, Rules,

S ^ c A l

Or.„ -TA.7. ann Round-Trip 
..eg-:—.Ans, Routes -

AND

.. 'Tweln
i ior. .

ALL STATES OS "TIE SS OSSO STATES 
THE DISTO RT OS COLUMBIA 

AND THE ?S;C 'INCSS CS CANADA 
As -sown SSer 

Via da Lins* of Carr, - -lamed
The rule* and regulations shown u. thS 

In connection with tariffs maltin;
and as amended apply only 

; spcCi fic reference hereto.

ISSUED M A R C H  2 0 ,1958 EES ACTIVE MAY 1,1958

Tha foroi of this publication is ssthoriied by special permission ol the Interstate Commc;.e Commission No. 11135, 
M d>73 i  of Miy 4, J949, as amended.

Toe form of this publication is eutLoriaed by the various So.. 3ommissions who retjuire prior approval under -uthep 
itics si-own on P. i A. ____

Issued by
NATIONAL ..lAPFIC .-.SSOCIATION, INC. 

P. J. Campbell, Chairman 
<05 South Wabash Avenue 
CHICAGO 3, ILLINOIS--

acting a. Carriers under eaiborlty of Powers of Attorney on file with the Interstate Commerce Commission 
"  end various State Commissions as shown herein.

(Printed in U. S. A.) (S) ( j N - « » Correction No. B1666 (SMS)

^ 2 5



4 r . i c t h »
MKAX.C No. 27 
K M *. C C No. as 
OsL P. U, C No. « 
Ode. P, U. C No. 31 
P. U. C Com. Na 5 
DaL PAC. No.25 
Ha. 8. C No. 24 
S&, P. &, C No «
L P U . C  No. 27 
MPm. C  C  No. Ill

P. 1 C I No. M  
k. C  C No, 59 
K. C C. No, 27 
Ky. D. M T. No. 24 
V. S. C La. No. 40 
U .P .V .C .  No. 25 
Rn-PAC-MANa 21 
Mom. D.P.U. No. 1 
M. P. S. C. No. 29 Mine. R. C No. l«

Mxm. P. 5. C No. 52
M. R. C No. 24 
Neb. R. C No. 24 
P. S. C N. No. 22
N. H. P. U. C No. 5 
N. M. C. C No. 58 
P.S.CN.Y. No. 15
N. C U. C. No. 51

N.D.P.S.C No. 21 
P. U. C O. No. 2* 
Otcl*. C C No. 29 
P. U. C Ore. No. 71 
Bus.Pa.PUC. No. 27 
P. S. C S. C No. 29 
P. U. C S. D. No. 21 
T. R P. U. C No. 25 
R. C. Tex. No. 27

I. C C No. 9 
MP-I. C C No. 774 
P. S. C U. No. 51 
P. S. C. Vt No. 6 
MP-V. C C No. 71 
WN. T. No. 26 
MP-PS.CW.Vx. No. 59 
Wit. P. S. C Na 29 
Wyo. P. S, C No. 51

No aupplsrawn to this tariff will be 
except ! «  the purpost of can-

S 4e 9n |  Mien specifically 
by ifce Commission.

PeoasylvMk Intrastate 
Thirty-Third Revised Title Page CaDctli
Thirty-Second Revietd Title Page

Ninth Reviled Title Page 
Cancell

Eighth Revised Title Page

NATIONAL PASSENGER TARIFF NO. A-1000

OF

Interdiiiuon and Joint One-Way and
Fares, Rules, Regulations, Routes-

AND

Special Arrangements
BETWEEN 
Station* in

O*
c  r o  tc 
v cr v _
-nv  p-J

%  . . _ f T¥ U c

ALL STATES OF THE 
THE DISTRICT Oil 

AND THE PROVINi 
As Shown

t

Vis the I i of Came

ONITEDTrSTES
SY

M£*MP£>AQ£.. . . . . . . . . . . . . . .
nf&FEGTiy E.. hL L -  J k j.

OS

The role* and regulation* shown in this f*riIf and a* amended apply only 
in eotssecrioa with tariffs malting specific reference hereto.

ISSUED: SEPTEMBER 18, 1959 EFFECTIVE: NOVEMBER 1, 1959

The form of Ait pobUcatica is authorized by tbe various State Commissions which require prior approval under author- 
rtfcs shows ea Page A.

Issued by
NATIONAL BUS TRAFFIC ASSOCIATION, INC.

P. J. Campbell, Chairman 
SOd South Wabash Avtnue 
CHICAGO 5, ILLINOIS

AaiWfa. Carrier® ®®g§e*’ emtkmkf ©lOFWer* ol Attorney oa file w!i& gfe* Iat*r«*te Commerce 
v&gfam Scefis Gwassalsrienfi m stews teeter

(P tm adlnU lA .) CJN-IOI) Omrntkws N«s. (WOI IXlW)



CaL P. U. & H». ft M. P. 8. C. Me. n  
f. 8. C. H.T, No. »

NATIONAL PASSENOSl TARIFF No. A-1C00
NATIONAL LUS T.WrIC ASSOCIATION, INC, AGENT 
$06 $ou& Wafeaeh Awenua* * Chicago S, UHaob 
laeaedf tobrwpf 1S.19S9

?. v. C »-•. n*. ;» Sue Pa. ?. V. C. So. STV̂ P.S.CN’fcil
. C-C.Xa.ft i. C. C. X* 774 P l*a 0»iSlat* Cc«tt»i»«k» Xur-.hcrt 5bo»~fl ew TW« Pap*

Twir.ty-Sixth Ha vised Para Ai-il
Ctnce!*Twcr-̂ .F.fth RavLaed Pa;* A&-11 

Effect4v*: April 1,1859

ISSUING CASJUXSS—Cotr.iaued
iies8iga»tia> KPXA3So. State Tarm to.

ten . . * , S.O . rocsss,.. . aYvs-trc . . 3 ?a. , * i Pa.P.1, . .c Pa . „ . Pa.P.l. . . , iSLS . . . . l • * •

asv . . . . ... O&i®. . . ?i-3. . , . ,
aw . . .  . 4 Obi©. PA-S. . . , •

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VCT. . . • 1 S,T . . . 9.1C. . . . . aSUs.

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SoS , , , , SwS . , * « \ hi . b x i .  . ,
ss. , , . . i. nusm , , piers . . 1SX3 . . . , s • i u.c.e.a. 1Css-CCC . , i *.c, * f sac j, . 1
tvs-scl . . m m , 6a. . , t C 4 A ' A “3 9 aliuo.m -sci., , a Oa. , . , t
tvs-sa . . M.C. lPSCSCS, . s

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Ka
i
i •

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aSL-XST . , a L u . ■
sup . . .  . 4 H. . • * b .n  , . a

MAXX 07 OJU2X2

lAXDALL BUS LIKE (Orvaid layaoad 8#sta«*,d/Va>. . . . .  IEAD1XQ THAI CPOATATKW compact........................ . . . *
ssaoiso ursvirv stages Ot.T.chaataiii.d/Wa) . . . . . .MB STAB TfJCJSPÔrrATlOS COMPACT (See 8*4 Star toy Lime) IQ) STAS VAY LINES.eosalBtlag oftSod Star Transportation Ceap&ay......................... ... «(Ohio Certificate Ko.l)tad Star toy Line* (Ked Star toy.Iae.,d/h/a> . • • • . (0510 Cert 1 float® to.S7KH»ld latemate aathority only)

tft*® ling-St. Claim til® & Caahirdft TnuomtUtt Oft..Tito (O&lo Certifiest« to.t) . . . ............... ..  . . .
tmoUX YftASSMSXATZON COMPACT. . . . . . . . . . . . .

•I, 4 K« 103 CO.,DC. . 
® *. ass i .  ecsAXt.w *.

•  uchm xs e srso aa u xn .isco ra a m s.
iiT csrr nut?om Tiox costpm ................................. ....am * t s a iu  k a m it  uxss Ma»n* w » m i,W O  . .
MSJ! JW TSAJiSPOSTATKH «K?A-fI (ta rn  S9Ctt.573M ii.7ia3 SCS CO ..IKC.............................................
wcxtsrai-nxrmo ass aseem .................................
w e st  kxkt.ux xotoa as®*** (CM«n*> rrucpm.UM c « w i .w r i .  ̂ ......................... ............................
*os« u -cajuuso20 Hies una (v.s.6otf««e*.*/wfc) . . 
xoyal sun couaas.ne ..............................................................

IT.LC'JIS-CAPl SC UXI (J m i  Bwsira i«wri«p »«4 M M  r.S£ip3Fl9»,Jir. .SoretSy 8. so Sn^rl.r.im l ire'7.9 S*®r«rl®y,Tutrix,d/Wa) . . . . . . . .SAOTY TIAXS17 LIKES <I.I.Oattldta,d/Mt)
SAfEVAY TIA2L8.ISC ...............................
SUNOS! SCOUT Lift (Robert O.Vrl«bt ,&Wa).SALT CXEEX miGCTTAYS ............................SALTXft BUS LIKES.................. ..SALTER BUS LINS (Mra.Pbllodeaa Salter SrrS, SASXATCHXWX TRANSPORTATIOS COX?AMT. , . *AY.MKAa BEACH BUS LIXB.Uewph A.Bootor asa.v.c fUY.’CEYX STAGES (Uereeee TJosaeR,• Tje>~£®a.U.vrenc«) ,SC-SIC STAGE LIKE............... ...SCENIC STAGS UCT..XKC.
•CCiIC STAGES (Lane® 1.0‘toil ,d/h/a) . . , 

^ SEDALU-AAr̂ ua-BOGKYIU* STAGS UXtS.UK | MW. SLOW TSAXSPCmTIOK COMPACT,I»C. * , . *SE..VICX BUS UXES.IXC............S la v ic s  auca u .\ is ,i* c ,

d/h/a>

srr.vica ewr u x t.ix c  . . . 
s:.o:uua co.. um.UMirm
liC.1T UW,;. ..,T53............

___SS0.7T UK,UC.,6r l»OM,1TS*

•Um

* * *U»”  W * 11 *"* l l** 8,r<l!i U m i ,W i , l* i i «  aad Opor.tM (ts part) t t  J.clr b u u  
« - J.1M tltlk CptUl Bu,

Far mplantUoa of tbbwriMlom. dwlmliota Mid n fw n c  Burin not npliliwd «n thti pag*. >h  SMtian A)<AM®i«v.aai "" .................■■ ■'■■■ ! * _
Correctloi Xo.B49SS



NATIONAL PASSENGER TARIFF No. A-1000 Twelfth Reeieed p»g* as-s

KOKINAS
Sale

Vo.
SOLES AM) 8EG0LATJOBS—Continued

« **Hf Except as responsibility Bay be Imposed by las.carriers will sot bo liable for delays caused by ac~ eldaRts,breakdowns,bad conditions of the road,snow stores and other conditions beyond their control and do not guarantee to arrive at or depart free any point at a specific tiee.Tbe tine of arrival at and departure free any point shewn in their published tiee schedules is the schedule they endeavor to Maintain,but sa»e is not guaranteed.
CD Except as responsibility nay be inposed by law .carriers will not be responsible for lost or stolen tickets.
(3) Tickets,sold at fares shown in tariffs subject hereto,are non-transferrable and if presented for passage by any person other than the one for whoa originally purchased will be void and may be confiscated by any agent or authorised employee of any lin® over which they read.
(4) In issuing tickets and checking baggage under tariffs subject hereto for passage over the lines of other carriers participating in such tariff,the issuing carriers shown in such tariff act only as agents and do not assume responsibility for transportation over the lines of other carriers except 

an responsibility «ay be imposed br law with respect to.baggage. . .........
7 ®U?*Bp»"f«tioti» rie bos*® roots. end to none daetlneUcnn or. eeneonel In character nod *r« subject to road and weather conditions.Carriers reserve the right to issue or honor tickets only during the 

' season that service is operated.
<2) Seeeonel roots, art m desisneted to tertffs osiob eethorle* such root.s.or m  show In Section 18 

herein.
8 Carriers reserve the right to refuse to transport a person under the influence of intoxicating lieuor or drugs,or who is incapable of taking care of hiaself or herself,or whoee conduct is ouch or la llfcsly to be such as to sake bis or her objectionable to other passenger or prospective passengers.

EXCEPT!OB.-—The above rule does not apply to persons who are ill  and accompanied by an attendant or
sure®. ....... ... ....

9 ^fif^Dogs,cats,birds or other aninals will EOT be carried,except as provided below.
(D A dog trained for the purpose of,and accompanying a blind person (m  yin* regular. ***]«J®** accompanied by ft seeing attendant will be carried free of charge, finch dog mist be properly 

harnessed and wussled and mist lie or stand at the feet of its ttftSter, .........
» “tfjP'silee.rafnlntlons.rnten end chnriree gorarnln* “ ? tran»p°rt»tlc» efb«,.^r> 

.111 be >1 show, in *etlooel Bests** Terlff 8o.»-S00-A(de*crlb«l *hf* fra* rT S® aunts do not epplp .In the llnon of cnrri.rn rto nr. not pnrtlM to noth bate,pi tnriff.
Hntlo.nl k m p  Tnriff *o.A-500-A,I.C.C.l!o.n,lff-I.C.C.»o.lM*.Alt.P.8.C.*0.53 It.C.C.Ko.85 »«b.*.C.Ko.BO „  KP-A.C.C.*o.45 I.C.C.Bo.44 £-»-£.*.»“.3« £.8.0.8.C.*0.71 KP-Ar!t.P.S.C.*0.81 Sr.B.H.T.Ko.47 J.E.P.8.C.80.18 F.B.C.S.D.Ko.37 Cnl.P.U.C.*o.P P.S.C.U.Ro.81 . R.M.C,C.*®.5« T.*.P.O.Cj*0.54 
Colo.P.0.C.Ro.8O Bue-P.8,C.-Md.*0.41 P.8.C.*.T.*0.20 S'S'c'rt^o’ i P. 8. C.Conn.*0.12 H«es.D.P.8.Re.23 J-C. 70 Sp!pcC*o'»T Pin.X.C.*0.66 M.P.8.C.*0.46 *.B.P.».C.*0.36 X  J'SoM 
Gn.P.S.C.Ho. 106 Mlnn.*.C.Ro,22 »*»*■ C « T. *o M P.0.C.I.HO.40 m«i.P.8.C.*o.8S
NP-Ill.C.C,*0.142 P,S.C.Ho.*o. 17 £.'“ -£;0rA S™'p'S‘c 'K '«P. 8.0.1.*0.8-76 8.I.C.IO.40 Ban-P».P.0.C.*o.66 »,o.P,8.C.R0.4S 
aMndmntn thereto or rel.sues thereof.Innoed b. Hettonal Bos Traffic Ansocinti<m,Ine.,A*ent.

(2) Texas letrnnt.te roles,ragaletloos,rates end ohnnfes .or.mlng the checking,stomp nnd transports-
tioa or baggage will be as shewn ins _
„n ro .d  Cone iso ion of Tern. Motor Bo. Bstoc T.rtff Ro.l.eoend-nt. thereto or relracs thereof.

1 1 CAKAD1A* A HP .k. Halted Ststen should be oerafnl to cert, with

nstnrallratlo. Mrtlflc.te,e!wnwr» peejengerls ^.tber reoorl enlntn of their entrp 
rasl^nc, in the J"1 ?* ‘ J to tbt Mtlnfantton of the Canadian or United

Mited 8tnt5*oronlerin«ti^l^Btnraefr«oCtn.<J^. , tTm U  to Beeiee oho InUntfte raters to 
’ IdSfuLTTwrat^“KXlt iLsridTownrail frao « CosonlTt the Bnlt*<§ “ " • * • * * n t iT it iS  Till be mono* ««• th. keel a nf r e t  doe-rati.

w  Uvti tftm, m» 8«tlen AI.
......... " ”' .......... *•*•...... ..." ......



U. P. 8. C Mo. S3 Bm P*. P. W. C. Jte. W Ake OOwr State CommMw' Cal, F. U. C. Wa. < P. g. q  M. T. l» Wy* P, 3. C. Wo» 8> NrobHiShwwTttliPm
NATIONAL PASSENGER TARIFF No. A-1000 Twelfth Revb*i Pm w-« 
NATIONAL BUS TRAFFIC ASSOCIATION, INC.* AGKWT H «S!E»Lh-l i w  ra-« 
50* W h  Web.* Araewe. Ckk»!« *. i7l.' u  4  1T 14eIssued: February IB,US* aneeilva. A|,r11

3ECTSON AS

*ui«
Ho. 8UU3 Am W8UUTI9»8~-ConUnu*«t

IS EXCLUSIVK OCCUPANCY Of COACHES;
(!) Upon the payment of « Milt HUM charm equiralest to thlrty-teo (33) adult fares.eaeh of the carriers Hated below will grant exclualveoccupency of a coach,subject to availability of equlpueot.to aoy group Moving between any two points on its linen,sitll or without advance notice and regardless of whether the group qualifies for exclusive occupancy eta ether carriers, Two half-fares will be considered the equivalent of 

one adult far#.
Bayshore Bus Lines,Inc. eOhio Trsllwayn - See *am» Transit Linen (Conrad C, Carolina Coach Cowpany. Silaon and rred A. Wllsoe.A Psrtnernhlp.dFh/a), Continental Creacent Linen,Inc. lane Transit Lines (Conrad C. Vllooa sad |M 4. Continental Southern Lines,Inc, Wilson,d/b/a).Continental Tenneaaee Lines,Inc. Pennsylvania Greyhound Lima of Virginia, OContlnental Tennessee Lines,Inc,.Operator Incorporated,(in part) of Aaerlcan Buallnee.lno. Queen City Coach Coopnny.Crown Coach Cosipany. hichaond Greyhound Linen,Incorporated, tantern Canadian Greyhound Linns,Llalted. Safeway Traile.lnc.Georgia-Florids Coechee.Inc. Service Bus Lines.Inc. - allla.Greyhound Corporation.The (Central Service Coach Lines,lac.Greyhound Linen Division). OService Conch Line,Inc.Greyhound Corporal ion,The Western Greyhound Saohy Mountnln Stegen.Inc.Linen Division). Southern Stages,Inc.Greyhound Corporation,The (Southeastern Greyhound Terwont Transit Co.,Inc.Linen Division). Virginia Stage Linen,Incorporated, aOreyhound Corporatlon.Ths (Southeastern Greyboahd Wenlern Canadian Greyhound Maes.Md.Lines Division). »Sane Transit Linen (Conrad c. Wilson had Prod 1. Oreyhound Corporation,The (Weetern Greyhound *11 am, A Partnership,d/b/a),Linen Division), oSane Transit Mass (Conrad £. Wllnoa aad Fred *. Indiana Greyhound Lines,Ine. Wilsoa.tt/V&J.Jefferson Transportation Cowpany.Lake Shore 3yst«a,consisting of:Lake Shore Syatea (The Lake Shore Coach 

Cowpany,d/b/a).Lake Shore Syaten (The Itoekinguffi Valley Tranait Cowpany,d/b/a).
j z s w s s z  sssss ^ r s ‘irv..^ui4rh^io^t^ l̂ u ^ ra W J S J  k m *

(3) SCIHICTBIsni BQGIPWXT, coanlnllne of Beta, coaches having a Mat tag capacity of fcrty-throe («S) passengers .with toilet and observation levnl - Upon the pnveent of l«U JM  chart, equivalent to thirty- night (38) adult larva each of the carriers listed below sill grant irnlm O o tsscupcBey of a KSMOTSS. coach,subject to avitlablllty of equipeent .to any group raovlng bat sees any two wolsta «e lit luew.eiw or without advance notice and regardless of whether the group guaHf^ fgMoIraivo otmwawy eta oUwr carriers. Too half-farsa sill be considered the equivalent of m  adult fare.
Atlantic Greyhound Corporation.Saetern Canadian Oreyhound Lines,Malted. , ,Oreyhound Corporal ton .The (Central Oreyhound Mass D vlaton).Greyhound Corporation,The (Eastern Greyhound Lines Division).Greyhound Corporation,The (Westers Oreyhound Linen Division).Oreyhound Corporatlon.Ths (Southeantnrn Greyhound Lines Division). wGreyhound Corjorattonlrbe isoutbeeetera Greyhound Mans DtvlsleaS.
Indians Oreyhound Linee.lnc.Pennsylvania Greyhound Lines of Flrglnla,Incorporated.
Blchaond Oreyhound Linen,Incorporated.Weatern Canadian Greyhound Linen,Ltd.

11 mwoFAh wUMHBaaj
In cane of dtssgrsessnt bsteess the passenger and tbs driver or dtker «q>loyee of tbs carrier an to slthsr tbs anplUebls fera or the soounl of fare paid,the passenger shall pay the aacmat deranged by the driver or other esoloyss of tbs carrier,and cprauntesie later stihths carrlerfw say adjaetmat Oral rod. If any person shall refuse to nay the applicable fern,so Setaraised to the eaplopes of the nsrrlar.ag refuse to obey snob regulations as aay be eetahllthed for th* eoassateem sod safety of »aM*gora,{ln 

driver of th* bus or other enpioyeas of lbs terrier say,within their dlotirstlca.rnoora his fw® tin tn  at aay usual stopping place,or opposite say dwelling home think the; ray Midst,sad rat «m i*momMp IraSi to reravs b l?)( MMioary. Is th* event of tuck rsravtl.tko 1 Utility of the tamer shallow oiJoidthw auaniai of the aaoere faro paid by Ike pass®**?,
ncmiWi-HM BtfliCkhi* to lbs follorlag earrtarni

a Oreyhound Corporation,The (Whstora *r»ybwa« Liras StvUloa).
Public Barnes Coordinated Transport,

• Hendtu* Trusporthtlea t m **?.

ft* ucUnatlo* *f nhbrrrlatiwk. dralcratteM wri rsftwwt marts y*s sa^ah*! m  this S*S% m  SssUsft AL . *



167a



168a

Defendant’s Exhibit D

Defendant’s timetable of departures and arrivals from 
New York to Washington and connecting lines.

Three copies will be handed to the Court at the argu­
ment.

Defendant’ s Exhibit E

Timetable No. 8002, page 5, in “ Russell’s National Motor 
Coach Guide.”

Three copies will be handed to the Court at the argu­
ment.

Defendant’s Exhibit F

Plaintiff’s pre-trial memorandum.



\A-M_

w h . C ^ lS i-v^  K ^JlC k  -(-n  ' S. /

C t ^ c  ~ £ 4 < ^  (l^u £3$  \ * S jQ  C o ^Z  \o&M  -

^ \ a , <4 ^ 1  v* » ® fc -s v ^

W w -^  Y v ^  i  ^

4 . wu||u*
H $ ,^

-w»^\
u t

fi*^<- / - i  m ^ L . i a - j ^  ^  < & & % >  O o u ,^  

£ » j s  -flA  L « K  .

RECORD PRESS, INC., 95 MORTON ST., NEW YORK, N. Y. 10014, (212) 243-5775