Story Case

James Upham signaled a street car on Pine Street to stop and permit him to enter as a passenger. The motorman stopped the car, but Upham delayed, and before he had entered the car the conductor gave the signal to start. Thereupon, Upham grasped the handle of the car and started to swing on to the steps. The conductor did not object, but permitted Upham to remain standing on the steps while the car was gaining headway. In turning a corner, the car was brushed against a vehicle and Upham was pushed off, suffering severe injuries. In a law suit that followed the company denied that Upham was a passenger.

Ruling Court Case. Duchemin Vs. Boston Elevated Railway Company, Volume 186, Massachusetts Reports, Page 353

The evidence in this case showed that Duchemin was desirous of boarding a passenger car, operated by the Boston Elevated Railway Company. Duchemin was standing near the tracks as the car came slowly around a curve. Just at this moment the trolley pole fell and struck Duchemin, severely injuring him. This was an action for the damages which resulted.

It was contended by Duchemin that he was a passenger at the time.

Mr. Justice Barker said: "It is apparent that a person in such a situation is not in fact a passenger. He has not entered upon the premises of the carrier, as has a person who has gone upon the grounds of a steam railroad for the purpose of taking a train. He is upon a public highway, where he has a clear right to be, independently of his intention to become a passenger. He has as yet done nothing which enables the carrier to demand a fare of him, or in any way control his actions. He is at liberty to advance or recede. He might change his mind and not become a passenger. We think that a present intention of becoming a passenger as soon as he nears the car does not make the person who is approaching the car with that intention a passenger." Judgment was given for the company.

Ruling Law. Story Case Answer

Where carriers have provided places at which passengers may present themselves for boarding the vehicle of carriage, the general rule is that a person becomes a passenger when he has purchased a ticket and presents himself at that place, in accordance with the regulations of the carrier. But a different rule applies to carriers who provide no such places and stop only on signal. In such cases the relationship of passenger and carrier is seldom held to begin until the person has actually begun to get aboard the car. If a person signals a street car and the car stops and starts again while he is in the attempt to get on, such a person is generally held to be a passenger.

Street car companies usually do not invite persons to become passengers on cars while in motion. Yet if this is done, or if entrance is made without the obligation of the company's agents while the car is in motion, the person is said to be a passenger. This was true in the Story Case.