Holzenkamp v. Cincinnati Traction Co.

Motion for new trial.

This motion raises an interesting question, by no means easy of solution, namely: When and under what precise circumstance's does one who intends to take passage upon the vehicle of a common carrier become a passenger to an extent entitling him to recover for injuries received through negligence of the carrier, under the law applicable as between carrier and passenger?

In the case at bar the plaintiff, with others, had gone to a near-by street crossing, where defendant’s cars usually took up passengers, and stood near the track for the purpose of taking passage on said…