Backlund v. Puget Sound Traction, Light & Power Co.

Citations

• 86 Wash. 257
• 150 P. 3
• 1915 Wash. LEXIS 991

Syllabus

<p>Carriers — Street Cars — Ejection of Intoxicated Passenger— Evidence — Sufficiency. The conductor of a street car is justified in removing an intoxicated passenger where it appears that he repeatedly fell asleep, with his feet extending into the aisle and doorway where passengers must enter, the conductor made unsuccessful efforts to keep him awake, and he fell once or twice into the aisle of the car.</p> <p>Same — Care in Expulsion — Evidence—Question for Jury. Liability for removing an intoxicated passenger from a street car in an unreasonable manner is sustained by evidence to the effect that the conductor took him from the car and dropped him upon the street, and then carried him out of the way of traffic and dropped his head and shoulders upon the sidewalk with his back across the curb, resulting in injury; the question being for the jury where there was conflicting evidence.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $310 for injuries sustained in the ejection of an intoxicated passenger from a street car is not excessive, where the plaintiff, a blacksmith, earning $3.50 a day, claimed' an injury to his back, he did not work for seven or eight weeks, and then received but $3 per day, and there was some evidence of pain and suffering.</p>