Holzenkamp v. Cincinnati Traction Co.

This motion raises an interesting question, by ho means easy' of solution, namely: When and under what precise circumstances 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 ease at bar the plaintiff, with others, had gone to a nearby street crossing, where defendant’s ears usually took up passengers, and stood near the track for the purpose of taking passage on said ears; and after the ear…