At about 5:30 pm, while the train was in Virginia, the first call to dinner was announced and he went promptly to the dining car. Under practices then in effect, the two end tables nearest the kitchen were to be reserved initially for Negroes. As the tables were partly occupied by white passengers (with at least one seat at them unoccupied) the dining-car steward would not seat Henderson in the dining car. Instead, the steward offered to serve him at his pullman seat. Henderson said no and the steward agreed to send him word when space was available. No word was sent and he was not served, although he twice returned to the diner before it was closed at 9 pm.