Braymer v. Seattle, Renton & Southern Railway Co.

Citations

• 35 Wash. 346
• 77 P. 495
• 1904 Wash. LEXIS 455

Syllabus

<p>Carriers — Ejection of Passenger — Street Cab Not Running to End of Line — Payment of Additional Pare — Nonsuit. In an action by a passenger for damages by reason of being ejected from a street car, a nonsuit is properly ordered where it appears that the plaintiff boarded a car that did not run to his destination, paid a five-cent fare, without stating his destination, and, upon reaching the end of the run of that car, was told by the superintendent, who was acting as motorman, to take the next ear, and that the conductor thereof would be told to pick him up and carry him to his destination, since the minds of the parties did not meet in a contract to carry him to such point for one fare.</p> <p>Same — Contract of Carriage — Transfer Contrary to Custom. The statement of the superintendent that he would tell the conductor of the next car to pick him up and carry him on was not sufficient to create a contract to carry him without the payment of another fare, there being no custom to transfer passengers without an additional fare under such circumstances. ^</p> <p>Same — Promise of Employe. The fact that the superintendent testifies that he intended to so notify the next conductor, but forgot to do so, does not create any obligation on the part of the company to carry the passenger further without pay.</p> <p>Same — Evidence—Disposition of Conductor Ejecting Passenger. In an action for forcibly ejecting a passenger from a street car, based entirely on the contract of carriage, evidence of the general character and disposition of the conductor who ejected the plaintiff is inadmissible, in the absence of allegations of incompetence.</p> <p>Same — Evidence as to Car Schedules. In an action against a street car company for failing to carry a passenger to his destination, where there is no question as to the destination of a certain car boarded by plaintiff, and he made no inquiry as to the same, it is not error to strike out evidence relating to the car schedules of the