Chicago, Burlington & Quincy Railroad v. Bryan

Citations

• 90 Ill. 126

Syllabus

<p>1. Assault and battery—ejecting passenger from cars. Where a passenger lawfully on a railway train conducts himself in an orderly and decent manner, and pays or offers to pay the fare fixed by the company, his expulsion from the cars by the conductor in a forcible manner is unjustifiable, and being so, the company will be held liable for an assault and battery in a civil action.</p> <p>2. Master and servant—liability of master for trespass of servant. A railway company is liable for the acts of its conductor performed within the scope of his authority. ^If he wrongfully and forcibly ejects a passenger from a passenger coach while in the employment of the company, the latter will be liable in trespass to the passenger.</p> <p>3. Railroad—right to eject passenger from, cars. Where a passenger tenders a railway conductor a certain amount of fare to be carried to a certain station, which is less than the rate fixed by the company, saying he will pay no more, and the conductor retains a sum sufficient to take the passenger to an intermediate station and returns the balance, the passenger will have the right, on reaching such intermediate station, to pay the fare demanded from that point to the place of his destination, and upon his offering to pay the same he can not rightfully be put off the train.</p> <p>4. Same—rules and regulations. A railway company has no power to adopt rules and regulations prohibiting decently behaved persons from traveling on its road, who will pay their fare and conform to all reasonable requirements for the safety and comfort of passengers.</p> <p>5. Damages—whsn exemplary may be given. If a railway conductor, without demanding fare, or after the fare is offered to be paid, takes a passenger who is properly behaving himself by the collar, and leads him to the door of the car and puts him off, tearing his coat in the act of expulsion, and such act is unprovoked, willful and malicious, and performed in a rude and aggravating manner, with the