Baltimore & Ohio Ry v. Reed

Citations

• 21 Ohio C.C. Dec. 521

Syllabus

<p>ASSAULT AND BATTERY — CARRIERS—DAMAGES.</p> <p>Assault by Conductor upon a Passenger Renders Carrier Liable tom Punitive Damages.</p> <p>A conductor of a railway train is required by his duty to the railway company employing him, to protect passengers and carry them to their destination and as an aid to the performance of this duty the state • has by statute, Secs. 3433, 3434 Rev. Stat., invested him with special police powers; hence, an assault by a conductor upon a passenger in his train is governed by a different rule than injuries inflicted by servants acting in other capacities, and where the conduct of the passenger assaulted is peaceful and he is not violating any rules of the carrier, the conductor will be deemed to have acted within the scop* of his authority for which punitive as well as actual damages may he assessed against the company.</p> <p>[Syllabus approved by the court.] .</p>