Willson v. Northern P. R. Co.
| Decision Date | 20 May 1893 |
| Court | Washington Supreme Court |
| Parties | WILLSON v. NORTHERN PAC. R. CO. |
Dissenting opinion. For majority opinion, see 32 P. 468.
With the law of this case, as laid down by the majority of the court, I have no controversy. The weight of authority in such cases is that where a common carrier, by mistake, gives a passenger a ticket short of the destination for which he has paid for transportation, the action is in case, for the tort in the company's failure to perform what was its duty as a carrier; and it is also well established that, where there are circumstances such as would cause inconvenience, distress, or mortification to the passenger, the measure of damages includes compensation therefor. But I deny that this case furnishes any facts sufficient to justify the verdict rendered, or even the judgment entered, upon any theory of compensation. The evidence shows that the mistake was not discovered until the train had passed west of Helena between which place and Missoula the distance is about 100 miles. As soon as the conductor learned of respondent's claim, he, of his own motion, telegraphed to St. Paul, with a view of having the error corrected. While awaiting the reply, the respondent rode comfortably along in the sleeping car, and was in the dining car when the train reached Missoula, and the conductor received his answer from St. Paul, and read it to her. This answer said, "She will have to purchase another ticket to Seattle, and take receipt, and take matter up with selling agent;" and it left the conductor no alternative in the line of his duty which he proceeded to perform in a gentlemanly and entirely friendly manner. He, upon his own responsibility, offered to carry her to Hope, Idaho, 173 miles beyond Missoula, and where his division ended, without a ticket, because, in the mean time, he expected, by telegraphing again to St. Paul, to be able to straighten the matter out; but he advised her that Hope would be reached about 3 o'clock in the morning, and that it would be less trouble to her if she bought a ticket from Missoula, and afterwards got her money back. The talk about the matter took some 15 minutes, during which the train was held to await her decision. But other passengers' advice prevailed, by holding out the idea of damages, and she determined to stand upon her legal rights, and be "put off." Now, it is perfectly idle to say that this young lady was ever put off the train. She had been told she could continue her journey at least as far as Hope, and the train was standing at Missoula. But she determined not to go on and, in order to make out the necessary case of ejection from the car, was compelled to ask the conductor to put her off which he obligingly did, by saying, "Come on then," and himself walking out. She followed, without wraps or baggage, which she left in her seat; and when ...
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