Whittington v. Philadelphia, Baltimore & Washington Railroad

Citations

• 28 Del. 351
• 5 Boyce 351
• 93 A. 563
• 1915 Del. LEXIS 12

Syllabus

<p>1. Carriers—Carriage of Passengers—Regulations—Enforcement.</p> <p>A carrier may make reasonable rules for the safety and comfort of its passengers, and demand compliance therewith.</p> <p>2. Carriers—Carriage of Passengers—Care Required.</p> <p>A carrier must carry its passengers safely, and protect them from any unlawful violence at the hands of its servants.</p> <p>3. Carriers—“Passengers”—Who Are.</p> <p>Where a person was ready and willing, and voluntarily offered to pay fare, but the conductor, without legal justification or excuse, refused to receive the same, the person was a “passenger”, entitled to protection as such, provided he did nothing to justify his ejection.</p> <p>4. Carriers—Passengers—Who Are.</p> <p>Where a person boarding a train refused to pay fare or to comply with a reasonable rule of the carrier, or both, the conductor could eject him from the train and prevent him from again boarding it, provided in so doing he used no more force than was necessary, but the carrier was liable for any excessive force.</p> <p>5. Carriers—Passengers—Who Are.</p> <p>Where a person entered on the platform of a car and offered money to the conductor to pay his fare, and did not refuse to enter the car, he was a passenger, and the conductor could not eject him from the platform or use force and violence to remove him.</p> <p>6. Carriers—Ejection of Passengers—Actions—Burden of Proof— “Preponderance of Evidence”.</p> <p>A passenger, suing for wrongful ejection from a train, must prove, by a preponderance of the evidence, which is the greater weight or value of the evidence; that the injuries complained of were received as alleged in the declaration.</p> <p>7. Evidence—Credibility of Witnesses—Duty to Reconcile Testimony.</p> <p>Where the evidence is conflicting, the jury must reconcile it if they can, and, if not, they must give credit to the testimony they believe worthy of credit.</p> <p>8. Carriers—Wrongful Ejection of Passengers—Damages.</p> <p>A passenger