Story Case

The Boston and Bangor Steamship Company conducted a line of steamboats from Boston to Bangor. One of the stopping places was Rockford, which was reached at breakfast time. Fred Dodge bought a ticket from Boston to Bangor which did not provide for meals. When the vessel on which he rode arrived at Rockford, a place for disembarking was prepared on a lower deck, and notice to that effect was posted. Dodge attempted to leave by a freight passage and was injured. Can he collect damages from the company?

Exiling Court Case. Lemery Vs. Great Northern Railway Company, Volume 83 Minnesota Reports, Page 47

Lemery was a passenger upon one of the company's trains coming from Park River, North Dakota, to Du-luth, Minnesota. The train was a through train, having no scheduled stops between Park River and Du-luth for receiving or discharging passengers. At Grand Rapids the train stopped to take water. At this time Lemery was in a sleeping coach on the rear of the train. He was informed that he had no right to be there and would be required to go to the day coach. Between this car and the day coach was a car reserved for militia. Lemery alleged that he was not permitted to go through this coach, although he had previously done so. Consequently, he left the coach and walked down the station platform until he reached the day coach. It was night, and the platform was unlighted. As a result he fell and was severely injured. He sued for damages.

He contended that while going from the sleeping coach to the day coach he was still a passenger and entitled to the care and protection which a carrier must afford to every passenger. But it was urged by the company that by abandoning the train under these circumstances he voluntarily terminated his relation as passenger and was no longer entitled to care and protection.

Mr. Justice Brown said: "It is stated, as a general rule, that where a through passenger, without objection by the company or its agents, alights from the train at an intermediate station, which is a station for the discharge and reception of passengers, for any reasonable and usual purposes, like that of refreshment, the sending of telegrams, or exercise by walking up and down the platform, he does not cease to be a passenger, and retains the right accorded to such by law.

"There must, in the very nature of things, be a distinction between a through train carrying through passengers and a local train stopping at all stations to receive and discharge passengers. As to the latter, there is no question but that passengers may, for any legitimate purpose, alight from the train at any intermediate station at which the train stops to receive and discharge passengers without relinquishing or abandoning their relation to the company as passengers. But as to a through train, carrying only through passengers, the passenger who leaves the train without the knowledge, consent or invitation of the company at an intermediate station at which the train stops only for some purpose in connection with its management and operation, as for the purpose of taking water or coal, and not to receive or discharge passengers, must be deemed to have abandoned his relation as a passenger, and to take upon himself for the time being all risks incident to his movements." Judgment was given for the company.

Ruling Law. Story Case Answer

The relation of passenger and carrier exists until the journey is completed, and does not cease while the passenger is going to and from a hotel or restaurant to obtain meals, provided this is done with the company's consent or co-operation. At the conclusion of a journey persons remain passengers while going about the station looking after baggage and the transaction of their business matters with the company connected with the termination of the contract of carriage. The passenger, however, must himself observe reasonable rules and take due precaution. If there has been negligence on his part, recovery against the carrier is denied. In the Story Case, Dodge was negligent in that he did not use the proper passage way for disembarking. Therefore, he cannot recover for his injury.