both races. Florida provides that the coaches for colored passengers (with first-class tickets) must be equally good and provided with the same facilities for comfort as those for white passengers with first-class tickets. Kentucky, Maryland, and Virginia prohibit any difference in quality, convenience, or accommodation. Tennessee provides that the first-class coaches for colored passengers must "be kept in good repair, and with the same convenience and subject to the same rules governing other first-class cars, preventing smoking and obscene language."
There is no one point upon which the courts are more in accord than that there is no ground of action so long as the accommodations are substantially equal.[52] The great working principle was enunciated in 1885 in the Circuit Court[53] of Tennessee in the doctrine that equality of accommodation does not mean identity of accommodation. And, indeed, the railroad company is not liable for damages even for inequality of accommodation, unless it is proved that the plaintiff actually sustained damages by such inequality.[54]
Means of Separation
The actual separation of the races is accomplished by requiring railroads to furnish on each passenger train either separate cars or one car divided into separate compartments by a partition. Each State gives the choice. In case of the division of the car into compartments, the partition must, in Arkansas, Oklahoma, and Kentucky, be made of wood; in Kentucky, Maryland, Oklahoma, and Texas, it must be "substantial"; and in Maryland and Texas, it must have a door in it. Arkansas requires only a
