Turner v. North Beach & Mission Railroad

Citations

• 34 Cal. 594

Syllabus

<p>Damages—Actual and Punitive—Liability for of Principal and Agent.— Plaintiff was ejected from a street railroad car in San Francisco, belonging to defendant, a corporation, by the Conductor of the car, at-the hour of ten o’clock at night, with some violence, but resulting in no appreciable damage to plaintiff in person or estate. Plaintiff brought action to recover damages therefor, and in complaint alleged, that defendant is a common carrier of passengers; that immediately after plaintiff entered the car, defendant, without any lawful cause, and with great force and violence, and at a place other than the usual stopping place • for leaving passengers, ejected plaintiff from the car and refused to transport her, and greatly injured her in her person. There was no express averment that the act was wantonly or maliciously done, nor of special damage. On the trial it appeared from plaintiff’s testimony that she is a person of color; that .immediately after being ejected as aforesaid, she was, on her application, conveyed on another of defendant’s cars to her place of destination. There was no proof tending to show malice or willful injury on the part of the. defendant toward the plaintiff, nor, if such conduct was exhibited by the Conductor, that defendant either prompted or was privy t.o it in advance, or approved it afterwards. Plaintiff had a verdict and judgment for seven hundred and fifty dollars damages. Meld, first, that the defendant is liable, as principal, for all actual damage resulting to plaintiff from the acts complained of, which were done by defendant’s agent, the said Conductor, said acts being within the scope of his agency, even if the Conductor had been expressly forbidden by the defendant to do said acts; second, that the defendant is not liable for the willful or malicious acts of its agent, the Conductor, done without its authority in advance or its subsequent approval ; third, that it was incumbent on plaintiff, in order to charge defendant w