McCabe v. Atchison, was a case before the United States Supreme Court.

Statute

The Separate Coach Law required railroads to provide separate, but equal, compartments for African-American and Caucasian passengers. Section 7 of the law allowed the railroads to provide sleeping cars, dining cars and chair cars exclusively for Caucasian persons.

Facts

Four African-American citizens filed suit against the railroads seeking to restrain them from complying with the law. (They filed suit against the railroads before the law went into effect, but amended their claim after the law became effective.)

The United States Court of Appeals for the Eighth Circuit upheld an order sustaining the railroads' demurrers and dismissing the suit. Appellants sought review.

Opinion of the court

The court affirmed the appellate court's order.

• The court held that § 7 of the law was improperly enacted based on the consideration of the limited demand by African-Americans for sleeping, dining, and chair cars.
• However, appellants' suit was properly dismissed because appellants had not traveled on any of the railroads, had not requested transportation on the railroads, and had not requested any of the facilities described in § 7 of the law.
• Further, there was no proof that the railroads had refused to provide the facilities described in § 7 of the law to appellants.
• Finally, there was no proof that appellants would have had an adequate remedy at law if the railroads had denied equal facilities to appellants.