Benson v. Tacoma Railway & Power Co.

Citations

• 51 Wash. 216
• 98 P. 605
• 1908 Wash. LEXIS 999

Syllabus

<p>Carriers — Degree of Care — Passengers Under Disability. A street car company that knowingly accepts for transportation an intoxicated passenger, is bound to exercise such special care and assistance as his condition requires in order that he may be safely transported.</p> <p>Same — Evidence—Question for Jury. Whether a street car company failed to exercise due care in allowing an intoxicated passenger to ride on the outside of the car, whence he fell to his death, is for the jury, where it was clearly shown that hé was very intoxicated when he boarded the car or soon afterwards, and the conductor admitted knowledge of his intoxication, and by way of impeachment, it was shown that the conductor had stated that he was “drunk as h — 1, and kept getting drunker.”</p> <p>Appeal — Revieav—Harmless Error — Eaa'orable to Appellant. The giving of an erroneous instruction at the request of and favorable to the appellant, and one that conflicts with other correct instructions, does not constitute reversible error of which the appellant can complain.</p>