Story Case

The Western Missouri Railroad Company's station at Dalton, Missouri, was about two miles from the business section of the town. In order to facilitate the travel of its passengers, the company employed Walter Kamp to conduct a bus line to and from the trains and the town. Donald Bean engaged the services of the bus in Dalton, intending to become a passenger on the company's train. Edward Simpson, a citizen of the town, also engaged a ride on the same trip, intending, however, to go into the country beyond. The railroad company permitted Kamp to carry people, other than railroad passengers, and to retain the fees collected, but no fees were collected from railroad passengers. During this particular trip Kamp carried a friend on the driver's seat and the two began to scuffle in a careless, boisterous manner. As a result the bus was thrown over a cliff. Simpson was seriously injured, but Bean and the driver's friend were only slightly bruised. All three of the parties injured placed claims with the railroad company to recover for their losses. The liability of the company depended upon whether or not the persons were its passengers.

Ruling Court Case. Emma Treat Vs. Illinois Central Railway Company, Volume 179, Illinois Reports, Page 576

The Illinois Central Railway Company operated trains from the downtown district of Chicago to the World's Fair, at Jackson Park. Passengers, after purchasing tickets, passed through turnstiles, where they deposited their tickets, to a platform erected by the company, and from which they entered the cars through open doorways in the side of the cars. There were eight of these doorways in the side of each car. There was an opening of ten inches between the platform and the cars. While attempting to get on a train, Emma Treat fell in this opening and was injured. She was forced into the opening by the large crowd of people attempting to board the train. She sues for damages.

The company contended that she was not a passenger at the time and, accordingly, entitled only to ordinary care, and not to the extraordinary care to which a passenger was entitled.

Mr. Chief Justice Carter said: "One who has purchased a ticket, and is in the place provided by the company for passengers, and is awaiting or about to enter the carriage, is a passenger, and the carrier owes to such person a very high degree of care to prevent such person from being injured while attempting to get on board." Judgment was given for Emma Treat.

Ruling Law. Story Case Answer

As a general rule, the relation of a passenger and a carrier begins when the passenger has put himself in charge of the company and has been accepted. Thus, where one has purchased a ticket, and is in the waiting room of a station, not an unreasonable length of time before the train upon which passage is to be taken is due, he is considered a passenger. Also, when a coach has been switched from one line to that of another railroad, waiting to be attached to a train of the latter, the passengers are those of the second line, and it is not necessary that a ticket be purchased. If a person enters a train, having the option of purchasing a ticket or paying cash fare, he is a passenger, although the fare has not been taken. But where one entered a station to take the last train to a suburban town, found it had gone, and waited in the station until a trolley car should arrive, he was held not to be a passenger, although he possessed a ticket.

Persons riding on trains gratuitously are said, nevertheless, to be passengers. Thus, a railroad company's employes who are not at the time going to or from their work, and are not engaged in their work, but are riding on passes for their own pleasure or benefit, are passengers. The entire question is one of fact as to when it can reasonably be said it was the intention of the parties to begin the relationship. In the Story Case, Bean was a passenger of the railroad company, but the other two men were not.