Thompson, a Black man from New York, was ejected from a railway car in 1869, presumably because of race. He sued the Baltimore City Passenger Railroad Company (BCPR) for damages.

According to David Bogen in Precursors to Rosa Parks, the BCPR had two arguments in place. The first was that the company had property rights over its own facilites and could tell passengers where to sit. The second was that BCPR was chartered in 1859, before Black residents were considered citizens of the U.S., and the charter hadn't changed since then. Therefore, BCPR could operate under its longstanding policies.

Judge Giles immediately rejected this argument. He ruled that after the 14th Amendment, Black people were full citizens; old charter policies did not matter. Further, segregation was permitted — were ladies' only cars — but they had to be clearly marked as such. In Thompson's case, there was no indication that he had to sit somewhere specific, so he should be allowed to sit anywhere.

Thompson won the battle, receiving $10 in damages. But he lost the overall war. The article ends with the now-ominous note that "Cars will be put upon all the routes on Monday next for the accommodation of the colored people."

The case appears to have had great influence: it was covered in The New York Times, as seen at the right.

New York Times, April 30, 1870: Ejectment of a Negro

Screenshot: ProQuest Historical Newspapers