CARRIERS OF PASSENGERS
271. Carriers of Passengers Defined. One who holds himself out as ready and willing to carry from place to place for compensation, all who desire to employ him for this purpose is a public carrier of passengers. The liability of a public carrier of passengers is not the same as that of a common carrier of goods. A common carrier of goods is liable as an insurer of the goods, while a common carrier of passengers is obliged to exercise a high or extraordinary degree of care, only in the protection of passengers. Railroad, steamboat, ferry and omnibus companies are common examples of public carriers of passengers. Owners of buildings operating elevators are in the position of public carriers of passengers. While, strictly, they are not obliged to carry all persons, they operate the elevator publicly for the convenience of their tenants, and their tenants' clients. The liability for injury to passengers of owners of buildings in which elevators are operated is the same as that of public carriers of passengers.
272. Who Are Passengers? A person does not have to be on board a public conveyance to be a passenger. Steamboat companies provide depots, waiting rooms, and wharves for the convenience of passengers. Railroad companies provide depots, rest rooms, and waiting rooms for persons desiring to make use of the railroad. It is said to be the rule, that when a person enters the premises of a public carrier for the purpose of becoming a passenger, he is a passenger from the time he enters upon the property of the public carrier. If a person enters the premises of a public carrier not for the purpose of purchasing a ticket, nor to become a passenger, he is a mere trespasser, and is not entitled to the rights and privileges of a passenger. A person traveling on a pass is a passenger. A carrier of passengers is permitted to enforce reasonable regulations for acceptance of passengers. Until these reasonable rules are observed a person is not a passenger. A person is a passenger until he has a reasonable time to leave the public conveyance and premises of the carrier after reaching his journey's end.
273. Rights and Liabilities of Carriers of Passengers. A public carrier of passengers is obliged to carry all suitable persons who desire to become passengers, so far as the carrier has facilities for their accommodation. The carrier is also obliged to furnish reasonable facilities to accommodate all who may reasonably be expected to present themselves as passengers. A carrier may refuse to carry drunken or disorderly persons, as well as those who, by reason of contagious diseases or for other reasons, are not proper passengers. A carrier may require passengers to purchase tickets before admitting them to the vehicle of conveyance. The carrier is permitted to pass reasonable rules and regulations for conducting his business. Unlike a carrier of goods, a carrier of passengers is not liable as an insurer. A carrier of passengers is bound to exercise extraordinary care in the protection of the passengers, and is liable for any negligence resulting in a passenger's injury, and which is not contributed to by the passenger.
If a passenger refuses to pay his fare, or becomes disorderly, he may be removed by the carrier. The carrier is entitled to use only the force necessary to effect the removal of the passenger. If the passenger is injured by reason of excessive force used by the carrier in, his removal, the carrier is liable in damages. Some states require by statute that carriers remove obnoxious passengers only at regular stations. In the absence of such statutes, a carrier may remove a passenger at any place where he may be removed without injury. If a passenger is injured by reason of his own negligence, or if his own negligence in any way contributed directly to the injury, he cannot recover damages from the carrier.
274. Baggage. A public carrier of passengers may pass reasonable rules and regulations governing the control and amount of personal baggage a passenger is permitted to carry with him. The contract between a passenger and an ordinary public carrier impliedly gives the passenger the right to carry with him on his journey, baggage consisting of articles to be used on his journey. The business of the passenger, his social position, and the purpose of the journey largely determine the question of what articles properly constitute personal baggage. A workingman would not be permitted to claim that jewels and fancy dresses were a part of his personal baggage Such articles would properly constitute the personal baggage of an actress or a society woman.
If the personal baggage is placed in trunks and packages, and placed in the absolute control of the carrier, the latter is liable for their protection as an insurer. If the articles are retained by the passenger, the carrier is liable only as a bailee for hire. That is, the carrier is liable only for ordinary negligence, and is obliged to exercise only ordinary care.
THE SHIPPING DEPARTMENT AT THE PLANT OF THE SAMUEL C. TATUM CO., CINCINNATI, OHIO
A carrier is permitted to charge for excess baggage, and becomes liable as an insurer of such baggage. A carrier is not obliged to carry any baggage not necessary for the convenience or comfort of a passenger, and if attempt is made to carry it as personal baggage, the carrier does not become liable for loss or injury thereto. Sample goods carried by traveling salesmen do not constitute personal baggage. A carrier is not permitted to carry these samples free of charge. If the freight is paid by the salesman, the carrier becomes liable as an insurer.