Passenger

One who has taken a place in a public conveyance for the purpose of being transported from one place to another. One who is so conveyed from one place to another. Though the relation of passenger and carrier is in a sense a matter of contract, the implications of contract are broader than in other cases. Thus, one is a passenger on a train which he took by mistake.

64 Tex. 536; 40 Ind. 37.

One who is carried gratuitously is a passenger, as is one who has not yet paid his fare (57 N. Y. Super. Ct. 348; 46 Mo. App. 665), but not one who designs evading payment of fare (157 Mass. 377), even by using a pass issued to another (107 Ind. 442). An employe of the carrier not engaged in the management of the particular train is a passenger (69 Ga. 715; but see 95 N. Y. 267), as is an employe of another carrier under contract, as an express messenger (56 Ark. 594), or a postal clerk (95 N. Y. 562; 57 Fed. 165). The relation of passenger and carrier begins the moment one goes on the carrier's premises to take passage on one of its trains (58 Ga. 461; 36 Fed. 72; 40 Barb. [N. Y.] 546), and is not ended until the passenger leaves the conveyance and the carrier's premises (55 Kan. 682; 146 Mass. 241; 9 Tex. Civ. App. 599).