Davenport v. Chicago, Milwaukee & St. Paul Railway Co.

Citations

• 103 Wash. 645
• 175 P. 298
• 1918 Wash. LEXIS 1127

Syllabus

<p>Carriers — Passenger Depots — Regulations — Reasonableness. Railroads having the right at common law to enforce reasonable rules for the conduct of business, and the railroad commission having adopted no rules as to the time for keeping a company’s station rooms open, as empowered by Rem. Code, § 86.26-85, a passenger, in order to recover damages from a company’s failure to keep its waiting room open between the hours of 4:30 and 8 a. m., must allege and prove that its rules providing therefor are unreasonable.</p> <p>Same — Passenger Depots — Actions for Damages — Defenses— Evidence. In an action for damages by a passenger through a railroad’s failure to keep its waiting room open, the defendant, under a general denial, is entitled to prove that the closing was in accordance with its regularly established rules, and facts tending to show its reasonableness, including the fact that the public service commission had adopted no rule on the subject.</p> <p>Same — Passengers—Ejection—Damages—Mental Anguish. The fact that a passenger was told that he would “have to get out of here,” on closing a waiting room, is not sufficient to carry the case to the jury upon the issue of suffering mental anguish from insulting language.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $832 for damages through catching a cold is excessive, where the evidence showed nothing beyond -the usual discomfort usually caused by such condition.</p>