Scioto Valley Trac. Co. v. Craybill

Citations

• 19 Ohio C.C. Dec. 95
• 8 Ohio C.C. (n.s.) 469

Syllabus

<p>CARRIERS — DAMAGES—STREET RAILWAYS.</p> <p>Donahue an.d Taggart, JJ.</p> <p>(Judge McCarty not sitting.)</p> <p>Street Railway Company Liable for Conductor's Wilfully and Maliciously EJECTING PASSENGER' — PUNITIVE DAMAGES MAY BE ASSESSED.</p> <p>It is the duty of the conductor of a traction car to control and manage said car, and, if necessary to preserve peace and order, to eject a passenger from said car, but 'if the conductor, while in the line of his duty and while engaged in said employment, acts in a wilful and malicious manner toward a passenger, his employer, the traction company, is liable in damages. Such damages may be punitiye, as a corporation may be liable in punitive damages for an act of its employe under circumstances which would render a natural person liable in the same way if the same acts were committed by him acting for himself.</p> <p>[Syllabus approved by the court.]</p>