xt73bk16mf8w_810 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/mets.xml https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14.dao.xml unknown 35 Cubic Feet 77 boxes archival material 51w14 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Louisville and Nashville Railroad Company and Lexington and Eastern Railway Company records Railroads -- Appalachian Region -- History. Railroads -- Kentucky -- History. [664] Emma J. Higdon v. L&N, Perry Circuit Court text [664] Emma J. Higdon v. L&N, Perry Circuit Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_69/Folder_21/12839.pdf section false xt73bk16mf8w_810 xt73bk16mf8w \JESE. MORGAN LEWISA IJUCKDLS fix
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// xmnmmswwfl ,7 fioM/W/fl%¢-/?7a February 17,1917.
Mr. S. M. Wilson, Counsel,
Lexington & Eastern Ry. Co.,
Lexington, Kentucky.
I«ear Sir,
Emma Higdon v. L&N. RR. C0.,
’ Perlie Reid v. L&E. RR. 00.,
Perry Circuit Court.

Herewith that portion of our office file contain-
ing Law Agent Landrum's investigation of the above styled case,
all of which please note. It does not seem to me that these
parties have any real cause for complaint. I fail to see how“

t we violated any duty to these plaintiffs when the requirements

g of our business at Ravenna necessitated transferring these pas-

W sengers to another car which was entirely occupied by colored

; people. You will note that the parties who were riding in

3 the car into which they were transferred at Ravenna were col—

. ored miners going to McRoberts to work, and it further appears
from the statements of these plaintiffs that they are the wives
of colored miners. So it does not seem to me that their feel-
ings could have been greatly outraged.

{ 1 hope very much that you will conclude to litigate
these cases and if there is any additional investigation which
you desire made, please communicate with me and I will have
the matter given attention. Mr. Warfield will write you short-

 . \‘
SJvLW. - 2
ly in regard to the practice of this case.
Yours truly, W
47/ .4.,
Chief Law Agent.

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 JESSE MORGAN LEWISA NUCKOLS
lMORGAN & NUCKOLS
Aftururga 21’: Emu
HAZARD , KY.
Jan. 16, 1917.
Judge Samuel M. Wilson,
Lexington, Ky.
Dear sir:
1 ' r r 0 r1 ~
. _ hnoloseddwe thnd you docket report and copies or petition
in the case or Emma J. Higdon vs. L & N R.R. Co., A
Yours truly,
(El/1 3 ' I ; " ' '.
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Perry Circuit Court.
Emma J. Higdon Plaintiff
vs. / Petition.

L. & N. R.R. Company Defendant.

The plaintiff, Emma J. Higdon, says that she is a
colored woman, that she is a resident and citizen of Glomawr,
Perry County, Kentucky.

Plaintiff says that the degendant, Louisville and
Nashville Railroad Company, is a corporation created under and
by virtue of the laws of the state of Kentucky, and as such,
has power to contract and be contracted with, to sue and to
be sued in its corporate name, "Louisville & Nashhille Railroad
Company"; that the defendant now owns and Operates a line of
railroad extending from dellico, Tennessee, to Glomawr, Kan~
tucky, and extending through the county of Perry in the state
of Kentucky, and at all times herein referred to was a common
carried of passengers for hire.

The plaintiff says that the laws of the state of
Kentucky, require railroad companies of this state to maintain
separate cars for white and colored passengers, but that these
separate cars are to be equal in quality and conveniences, and
for Violation of this statute a penalty is prescribed.

r The plaintiff, Emma J. Higdon, for her cause of action
herein against the defendant, Louisville & “ashville Raierad
Company, states that on December the 22nd, 1916, she purchased
of the depot agent of Jellico, Tennessee, an agent and employe
of the defendant company, a first class passenger ticket from
Jellico, Tennessee to Glomawr, Kentucky, for which ticket she
paid defendant company's agent the sum of £6.51; that this
ticket was evidence of a contract between plaintiff and de-
fendant, that plaintiff has paid the price of her transportation

 r
2

from iellico, ”ennessee to Glomawr, Kentucky, and in return was
to receive first class passenger fair on said journey. Plaintiff
says that on'the aforesaid 22nd day of December, 1916, she with
her two infant children of two years, and of five months old
respectively, boarded defendants passenger train at Jellico, .
Tennessee, and were assigned by the Conductor thereon, an agent
and employee of said company, to the colored car, a car designated
by sign "For Colored Passengers"; that the conductor on said
train received and punched her aforesaid ticket. Plaintiff
further says, that when defendants train on which she was riding
reached Irvine, Kentucky, it became crowded with white passen—
gers; that the conductor of said train an agent and employee of .
defendant company, ejected the colored passengers on said train
from the car in which they had been riding, and which car was
set aside for colored passengers, to a transportation car, a
car in which section men and common laborers for defendant
company were riding; that the plaintiff, because of the fact that
she was a colored woman, was removed by said conductor to said
transportation car; that she objected to being removed to said
transportation car, and protested upon the grounds that she
had purchased a first class passenger ticket at Jellico, Ten-
nessee, and same had been received by said Conductor, and
according to her contract with defendant company she was enti-
tled under same to first class passage; that upon her protesting
said conductor seemed to grow angry, used harsh and abusive lan-
guage toward her, and insulted her, that he compelled her with
her two children to enter said transportation car.

Plaintiff says that said conductor placed her with
her two children on a seat in said transportation car very
near the door where they were exposed to the cold draughts
of air on every Occasion the door was Opened; that the weather

 t
5

at this time were very cold and disagreeable; that the said
conductor made any trips through said door, and that others

> were frequently going into and out of the same door, all of
which eXposed her and her two infant children to the cold and
inclement weather. She further says that the car was damp, dirty
smoky andvery disagreeable; that this said tranSportation car
was filled with rough working men, of color, who used profane
and unbecoming language; that the seats of said car were rough
and uncomfortable, and in no way was this car equal in quality
to the car from which she had been removed. Plaintiff says that
she is compelled to ride in this said transportation car from
Irvine, Kentucky to Jackson, Kentucky, a distance of _____ miles
which required hours to make said distance. Plaintiff
says that by reason of said defendant company's agents trans-
ferring her and her infant children to said transportation car,
and subjecting her and her said children to the above described
inconveniences, sufferings, and insults, it broke and violated
the terms of its contract with her in that it failed to furnish
her first class fair from Jamison, Tennessee to Glomawr, Kentucky
as the terms of said contract prescribed.

Plaintiff says that by reason of the aforesaid eXposure
to cold she and her children suffered severely, and from such
exposure, contracted a deep cold, from which she suffered more
than days, during which time she was unable to do her
household duties; that both of her aforesaid children contracted
cold which was followed by severe cough from which they were
confined to bed for more than weeks; that she was com—
pelled to care for them during their sickness, though she
herself was physically unable to do so; that she expended for
medicines and medical attendance the sum of a , all of
which was reasonable and necessary to affect a cure. She further

 t
4
says that by reason of the insults and abusive language of the
i said contractor in removing her, and because of the condition
of the said transportation car in which she was compelled to
ride, and because of the fact that she was compelled to care
for her children at the same time she was further subjected to
discomforts, indignity, humiliation, disgrace and shame much
to her discredit among her associates and those present who
knew her; that she suffered both mental and physically because
of said ejectment and removal of her and her children to said
cold, damp, rough and inconvenient transportation car, to her
further damage in the sum of $ .

Plaintiff further says that the aforesaid sickness
and loss of time in carrying for her sick children and cost
expended in securing medical attendance and medicines was
caused by defendant company refusing her first class passenger
fair according to contract, and removing her to, and compell-
tng her to ride in the aforesaid tranSportation car; that the
condition of said car, the abusive and harsh language of said
conductor in removing her to said car, the profanity used by
said passengers on said car, the smoke, filth, dirt and lack
of comforts in general was the cause of her further mental

. and physical suffering by reason of which she had been damaged
in the full sum of $ .

The plaintiff says that twelve months has not elapsed
since the accrual of her cause of action set out.

WHEREFORE, the plaintiff, Emma J. Higdon, prays
judgment against the defendant, Louisville a Nashville Railroad
company, in the sum of $ , for her cost in this action
expended, and for all equitable and proper relief to which she
may appear to be entitled.

 X
5
Nagier & Combs
A orneys or ain if .
The plaintiff, and affiant, Emma J. Higdon, says that
the statements contained in the above and foregoing petition
> are true.
Subscribed and sworn to before me by Emma J. Higdon,
this the day of , 1917.