I. H. Spears v. Transcontinental Bus System, Inc., a Corporation

I. H. Spears appeals from a judgment denying relief in his action claiming damages for a violation of his civil rights. In March 1953, appellant Spears purchased a bus ticket from the appellee, Transcontinental Bus System, Inc., at Pasadena, California. The ticket provided for transportation from San Francisco to New Orleans and return. On April 12, 1953, while routed between Memphis, Tennessee, and Jackson, Mississippi, the bus on which he was a passenger stopped at Winona, Mississippi. Just outside Winona, the bus driver demanded that Spears, a Negro, move from the fourth seat from the driver on the right hand side of the bus to the back seat, in order to segregate Spears from members of the white race. Spears stated that the order did not apply to interstate passengers but moved at the insistence of the driver. Five or six other Negroes were seated in the rear of the bus.

Because of this occurrence, Spears filed an action against Transcontinental Bus System, Inc., in the United States District Court for the Southern District of California, service of process being made on appellee’s authorized agent in the state.

Spears’ claim is founded on several sections of the United…