50 Wash. 20 | Wash. | 1908
The defendant owns and operates a line of' electric railway between the city of Seattle and the town of Renton, in King county. Cars starting out from the city of
. On the morning of March 25th, 1907, the plaintiff in this action took passage on one of the defendant’s cars at Rainier Beach, and purchased a ticket to Seattle and return. On the evening of that day he boarded another of the defendant’s cars at the city of Seattle for the return trip to Rainier Beach. The notice at the front and rear of the car thus boarded showed that the destination of the car was Ocean Beach, a point about two miles nearer Seattle than Rainier Beach, and such was its destination in fact. No questions were asked by the plaintiff as to the destination of the car and no information wag given by him as to his own destination. The conductor took up the tickets, and when the car reached Ocean Beach the plaintiff was informed that the car had reached its destination and was about to return to the barn, and that he, the plaintiff, must leave the car. The plaintiff refused to leave the car, but demanded from the conductor a transfer or other evidence of his right to take another car to his destination at Rainier Beach. This the conductor refused to give, and had no. authority to give under the rules of the company. After remaining at Ocean Beach
The following instruction, and others of like import, defining the relative rights and duties of common carriers and their passengers, were excepted to, and the giving of these instructions is assigned as error:
“I instruct you, gentlemen of the jury, that if you find from a fair preponderance of the evidence in this case, that the plaintiff, on or about the 25th day of March, 1907, had in his possession a ticket entitling the plaintiff to ride as a passenger upon one of the defendant’s cars- from the city of Seattle to Rainier Beach, and that it was printed upon the face of the ticket that the plaintiff was entitled to passage from the city of Seattle to Rainier Beach, and if you further find that he went in the car of defendant in good faith believing that he was entitled to ride upon the car of defendant upon which he entered as a passenger from the city of Seattle to Rainier Beach, then he became a passenger of defendant from the city of Seattle to Rainier Beach for hire and was entitled to be transported by defendant as a passenger, and was entitled to all the rights and duties and privileges of a passenger for hire upon that street railway line from the city of Seattle to Rainier Beach.”
These several assignments must be sustained. The appellant was not required to run all of its cars the entire length of its line, nor to provide for the transfer of passengers from
“The rule is that, in removing trespassers from a train, the employees of the company may use such force as appears reasonably necessary, under all the circumstances, to accomplish the end <in view; and, if the trespasser offers forcible resistance, a jury should not weigh with too much nicety.the degree of force resorted to.”
In this case there was some testimony tending to show that a wilful and unprovoked assault had been committed, and the
The other assignments are not of sufficient importance to call for consideration or discussion, but for error in the instructions complained of, the judgment is reversed and the cause remanded for a new trial.
Hadley, C. J., Fullerton, Mount, Root, Dunbar, and Crow, JJ., concur.