Lawshe v. Tacoma Railway & Power Co.

Citations

• 29 Wash. 681
• 59 L.R.A. 350
• 70 P. 118
• 1902 Wash. LEXIS 629

Syllabus

<p>CARRIERS-EJECTION OF PASSENGER •— MISTAKE OF AGENT-LIABILITY IN DAMAGES.</p> <p>A passenger ejected from a street car is not restricted to the recovery of bis fare, but is entitled to an action for substantial damages, where he had paid his fare to the conductor on one line and asked for a transfer to another line operated by the company, but was given the wrong transfer check, which he accepted without noticing the mistake and presented to the conductor of the line upon which he sought to he transferred, hut was refused the right to ride unless he again paid fare; and the fact that the agent called upon to correct the mistake was other than the one making it would not affect the question of liability, since the company acted through agents in contracting to carry him, and the act of one conductor was in effect the act of the other, because the acts of both were the acts of the company.</p>