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1 In the Supreme Court, for the Eastern District of Pennsylvania. The Philadelphia and Westchester Railroad Company, Plaintiffs in Error, vs. Mary E. Miles, Defendant in Error. Error to Court of Common Pleas, Philadelphia County. Statement of Facts 1867

handle is hein.trials/adjq0001 and id is 1 raw text is: IN THE SUPREME COURT, FOR THE EASTERN DISTRICT OF PENNSYLVANIA. THE PHILADELPHIA AND WEST- CHESTER RAILROAD COMPANY, Plantiffs il Error. Irq. MARY E. MILES, Defendant in Error. ERROR to COURT OF CONMON PLEAS PHILADELPHIA COUNTY. STATEMENT OF FACTS. A well bred, intelligent, and respectable colored woman, hold- ing the responsible position under the government of teacher of the National School, for orphans of colored soldiers-unobjec tionable in person, dress, and demeanor, paid for her ticket in the usual way, and took a vacant seat in the defendants' cars. Soon after the train started she was told she must take a seat set apart for persons of her race, or leave the cars. She refused to comply, and in consequence was forcibly ex- pelled, and left at a way station. She brings her suit for damages, and the defendants plead in justification a rule that colored persons should take that particu- lar seat, and no other, and that for non-compliance with this rule they ejected her, as they had a right to do. The Court below held that a carrier has no right to make such

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