Mills v. Seattle, Renton & Southern Railway Co.

Citations

• 50 Wash. 20
• 96 P. 520
• 1908 Wash. LEXIS 656

Syllabus

<p>■ Carriers — Passengers—Taking Wrong Car — Transfers—Tickets —Trespassers—Ejection—Operation of Street Cars — Performance by Carrier/ Where a passenger by mistake and without fault of the company boarded a street car having placards indicating that it ran only to a point two miles short of his destination, with a ticket of a form common to several stations entitling him to ride over the line to his destination, he is not entitled to a transfer upon the car’s reaching the end of its run, contrary to rules of the company; since the company is not bound to run all its cars the entire length of its line or provide transfers from one car to another; and upon refusing to leave the car at the end of its run the .passenger becomes a trespasser and cannot recover for ejection. /</p> <p>Same — Trespassers—Ejection—Assault. A street car company is liable to a passenger who had become a trespasser, if ejected while the car was in motion so as to endanger life or limb, or if willfully assaulted with unnecessary force by the conductor.</p> <p>Same — Trespassers—Assault—By Servant — Scope of Employment. A street ear company is not liable to a passenger who had become a trespasser, for an assault committed by one employed as a greaser, who had nothing to do with the operation of the cars, while attempting an ejection from the car, unless the greaser was-assisting the conductor and used more force than was necessary; since the ejection was outside the scope of the greaser’s employment.</p>