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

Citations

• 99 Wash. 289
• 169 P. 863

Syllabus

<p>Carriers—Relation—Special Contract. The relation of passenger and carrier arises where a railroad company agreed to stop its passenger train at a station which was not a regular passenger station and sold plaintiff a ticket from such station for such train; making it the duty of the carrier to exercise the degree of care due to a passenger, and liable in tort for failure to stop its train and transport the plaintiff, although there was no duty to do so but for its special contract.</p> <p>Same — Failure to Transport — Form op Action. An action against a railroad company for damages for failure to transport a passenger sounds in tort and not in contract.</p> <p>Same—Failure to Transport—Measure op Damages. The measure of damages for failure to transport a passenger whose necessities were imperative is such damages as proximately resulted from the breach; and includes injuries sustained through exposure and illness contracted in attempting to make the trip on foot.</p>