Trabing v. California Navigation & Improvement Co.

Citations

• 6 Cal. Unrep. 696
• 65 P. 478
• 1901 Cal. LEXIS 1260

Syllabus

<p>Carriers—Injury to Passenger by Captain of Boat.—Plaintiff was Arrested by the captain of defendant’s steamboat, and chained to a post on the lower deck, and ejected before he reachedi his destination. The court charged that plaintiff could recover only the actual damages suffered by him, unless defendant authorized the acts complained of, or participated therein or ratified them; and that the jury should not allow anything by way of punishing the defendant, unless it authorized the captain’s acts or ratified them; and that, unless defendant participated in or authorized the captain’s acts or ratified them, the measure of damages would be the amount which would compensate the plaintiff for all detriment proximately caused by the wrongful acts. Held, that the instructions were not erroneous as contradictory and too general.</p> <p>Instructions.—Where the Matter Included in Requested instructions was covered by the charge of the court, it was not error to refuse them.</p> <p>Carrier—Injury to Passenger.—An Instruction that plaintiff was entitled to recover only the actual damages proven, as distinguished from mere imaginary or exemplary damages, .was properly refused, as tending to mislead the jury as to the character of proof necessary.</p> <p>Carrier—Injury to Passenger’s Feelings.—A Charge That Plaintiff could not recover for his injured feelings and mental'anguish was properly refused.</p> <p>Carrier—Damages for Ejecting Passenger.—Where Plaintiff, a boy of fourteen, was arrested by the captain of defendant’s vessel, and chained to a post, and was ejected at midnight, before reaching his destination, and was obliged to walk thirty miles to reach home, a verdict of $1,500 was not excessive.</p>