Whitlock v. Northern Pacific Railway Co.

Citations

• 59 Wash. 15
• 109 P. 188
• 1910 Wash. LEXIS 1126

Syllabus

<p>Carriers — Passengers—Ejection from Depot — Assault by Officer- — Liability of Carrier. A deputy sheriff who was called by a railway station agent to assist in ejecting undesirable trespassers who were occupying seats in the depot, acts as agent of the railway company and within the scope of his authority, when he wrongfully assaults a passenger in attempting to eject persons from the depot, at the agent’s request, and the company is liable for the damages inflicted.</p> <p>Same — Negligence of Carrier — Assault on Passenger — Evidence —Sufficiency. It is negligence for a railway station agent, who called a deputy sheriff to assist in ejecting undesirable trespassers from the depot, to fail to notify the officer who the passengers were, when this could have been easily done; and in such case proof of an assault upon a passenger by the officer makes out a prima facie case for damages against the railway company.</p> <p>Same — Passengers—Ejection from Depot — Degree of Care — Instructions. In an action by a passenger, waiting in the depot for his train after purchasing a ticket, for an assault by an officer called by the agent to eject trespassers from the depot, it is correct to instruct that the railway company owes the highest degree of care that an ordinarily prudent man would give for the protection of such passengers as against its own machinery, appliances, operation and conduct of its employees; and the use of the word “machinery” is not prejudicial as interjecting a new element in the case, where the issue was clearly defined, the jury could not have been misled, and were instructed that plaintiff could not recover if .the company used reasonable care to prevent the assault.</p> <p>Carriers — Passengers—Who Are. A person who had purchased a railway ticket and was waiting in the depot for his train is a passenger.</p> <p>Damages — Personal Injuries — Assault—Excessive Verdict. A verdict for $1,000 for an assault upon a passenger in ejecting him from a depot