Sprenger v. Tacoma Traction Co.

Citations

• 15 Wash. 660
• 43 L.R.A. 706
• 47 P. 17
• 1896 Wash. LEXIS 274

Syllabus

<p>CARRIERS — WRONGFUL EJECTION OF PASSENGER — EVIDENCE.</p> <p>In an action to recover for wrongful ejection from a street car for alleged non-payment of fare, it is not error to refuse the admission of evidence on the part of defendant showing that plaintiff had been put off a railroad train for non-payment of fare, for the purpose of showing that he was in the habit of avoiding payment of car fare.</p> <p>Where a witness has testified positively to a fact it is not competent for the party introducing him to elicit from the witness a statement as to the reasons which led him to come to the conclusions to which he has testified.</p> <p>The fact that a passenger ejected from a car for alleged non-payment of fare could have prevented his ejection by surrendering to the conductor another ticket which he had in his possession, would not reduce the damages growing out of the wrongful act of the conductor to the sum represented by the value of the ticket, when the evidence shows that, with the delay of a few minutes, the conductor could have made an investigation which would have definitely determined whether or not the plaintiff had paid his fare.</p>