Kirk v. Seattle Electric Co.

Citations

• 58 Wash. 283
• 108 P. 604
• 1910 Wash. LEXIS 930

Syllabus

<p>Carriers — Of Passengers — Wrongful Ejection — Assault — Actions—Pleading—Several Causes. In an action by a passenger for wrongful ejection from a street car, a demurrer to the complaint on the ground that several causes of action are improperly united is properly overruled where but one cause of action is pleaded—that for assault, although it is also alleged that plaintiff was arrested after the assault.</p> <p>Carriers—Street Cars—Rules—Reasonableness—Disobedience —Effect. The rule forbidding passengers to ride upon the front platform of a street car is reasonable, and a passenger who on notice refuses to obey the rule, until the car is run into the car barn and Other passengers are transferred to another car, forfeits his right as a passenger and is not entitled to a transfer or to ride on the second car without paying another fare.</p> <p>Same — Rights of Passengers — Transfers — Force — Testing Rights. A passenger on a street car, denied the right to a transfer or te a ride on a second car without paying another fare, is not justified in inviting the application of force to eject him, but it is his duty to withdraw and test his right in the courts.</p> <p>Same—Ejection of Passenger—Force Necessary. Where a passenger refuses to pay his fare on a street car, the conductor may eject him, using no more force than is necessary, the amount of force necessary being measured by the force of the resistance offered, in which case the same will not be weighed with nicety.</p> <p>Same—Failure to Pay Fare—Offer by Third Person—Repudiation. A passenger ejected from a street car for refusal to pay his fare cannot, in an action for wrongful ejection, avail himself of offers made by other passengers to pay the fare, where at the time he expressly repudiated the offers.</p> <p>Same—Refusal to Pay Fare—Tender After Ejection. After the process of ejection for refusal to pay has begun, either by stopping or applying force, it is too late for the passenger to offer to pay, and th