Devine v. Chicago City Railway Co.

In this case, if appellee was entitled to recover under the first two counts of his declaration, it must he established that the deceased was a passenger upon the street car in question. To entitle plaintiff to recover upon the third count, it must appear that the acts of the motorman in frightening the boy off the step were within the scope of his employment. In this state, the law has been settled by numerous decisions that, before the railroad company can be bound, under the first claim, the passenger must have put himself into its care for the purpose of being conveyed, and the carrier…