Leclaire v. Tacoma Railway & Power Co.

Citations

• 62 Wash. 157
• 113 P. 268
• 1911 Wash. LEXIS 665

Syllabus

<p>Carriers — Passengers—Who Are — Refusal to Pay Fare. Street ■car passengers who had paid fare and were entitled to ride to the •end of the line are not entitled to ride in any and all cars, and upon voluntarily leaving a car before reaching their destination, they cease to be passengers and are entitled to ride in another ear only by payment of another fare.</p> <p>Same — Breach of Contract by Carriage — Excuse. The fact that thirty or forty persons boarded a street car and refused to pay fare, and that the employees were unable to eject them, does not excuse the company for breach of contract to carry to her destination a passenger whom the company had received on the car for such transportation, and who had paid her fare.</p> <p>Same — Delays—-Degree of Care. A street car company must exercise only ordinary care to guard against delays by the illegal acts of third persons.</p> <p>Carriers — Breach of Contract — Damages — Excessive Verdict. A verdict for $1,000, reduced by the trial judge to $750, is grossly excessive and should be reduced to $100, where the plaintiff, a passenger on a street car, was delayed and refused transportation from about seven o’clock in the evening until one o’clock a. m., and reached home by team about three o’clock, only suffering inconvenience and a slight cold and loss of one day’s time; and it is immaterial that the costs of appeal in the case amount to approximately $250, since the amount was exclusively in her control.</p>