Olson v. Northern Pacific Railway Co.

Citations

• 49 Wash. 626
• 96 P. 150
• 1908 Wash. LEXIS 635

Syllabus

<p>Carriers — Passengers •— Tickets •— Reliance Upon —Wrongful Ejection — Mistake/ A passenger has a right to rely on transportation sold to him by the proper agent, without reading or examining the same, and if ejected from the train through the mistake of the agent without negligence on his part, he may recover therefor. ^</p> <p>Same — Negligence in Purchasing Ticket — Evidence—Question for Jury. Whether a passenger was guilty of negligence in purchasing a ticket is for the jury, where it appears that he was notified that he must obtain a permit of the agent to travel by freight train, that he applied therefor to the agent, signed for it, paid his fare, and he testified that he received only a permit, which he supposed was a ticket and tendered as such, and he was corroborated by one witness to the point that no ticket was issued, although there was evidence to the contrary, and that he left his ticket at the window of the office.</p> <p>Same — Ejection—Excessive Damages. A verdict for $800 for the wrongful ejection of a passenger from a freight train, is so excessive as to show that it was the result of passion or prejudice, requiring a new trial, where the plaintiff was a man of mature years, there was no financial loss or injury to the person, and only two or three other passengers on the train, to whom it was apparent that there had been merely a mistake of some kind as to the ticket not reflecting on the plaintiff.</p> <p>Appeal — Review—Excessive Verdicts — Passion or Prejudice— Decision — New Trial. Where a verdict is clearly excessive and out of all reason, and the result of passion or prejudice, and the right of recovery is doubtful, the verdict should not be merely reduced and allowed to stand in any of its findings, but a new trial should he ordered.</p>