Leek v. Northern Pacific Railway Co.

Citations

• 65 Wash. 453
• 118 P. 345
• 1911 Wash. LEXIS 948

Syllabus

<p>Carriers — Passengers—Ejection—Damages—Nominal Damages —Mental Anguish. Where plaintiffs son was accidentally killed by a rifle shot while on a train, the railway company has no right, on removing the body, to compel the plaintiff and her family to leave the train, their fares having been prepaid to their destination, and is liable in nominal damages for wrongful ejection; but the plaintiff cannot recover for mental anguish in being made the object of charity, where' it appears that her acceptance of voluntary contributions from the citizens was not essential to her continuance of the journey.</p> <p>Same — Ejection—Special Damages — Items Recoverable. Where plaintiff’s son was accidentally killed by a rifle shot while on a train, and she and her family were wrongfully ejected on removal of the body before reaching their destination, plaintiff’s expenses of the stop-over for several days and purchases of clothing, cannot be recovered as special damages, where it appears that they were not the direct and proximate result of the ejection, and moreover were paid from voluntary contributions made to the plaintiff by the citizens of the town.</p> <p>. New Trial — Excessive Verdict. A verdict for $500. for a wrongful ejection from a train, where the plaintiff was entitled to only nominal damages, is the result of passion or prejudice, and should be set aside and a new trial granted.</p>