Passengers - Definition - Law Dictionary Home Dictionary Definition passengers

Definition :

Passengers, persons conveyed from one place to another. Passenger ships are those peculiarly appropriated to the conveyance of passengers, as distinguished from cargo ships. In some respects, passengers by ship may be considered as a portion of the crew. They may be called on by the master or commander of the ship, in case of imminent danger, either from tempest or enemies, to lend their assistance for the general safety; and in the event of their declining, may be punished for disobedience. This principle has been recognized in several cases; but as the authority arises out of the necessity of the case, it must be exercised strictly within the limits of that necessity, Boyce v. Bayliffe, (1807) 1 Camp 58.

A passenger is not, however, bound to remain on board a ship in the hour of danger, but may quit it if he has an opportunity; and he is not required to take upon himself any responsibility as to the conduct of the ship; if he incurs any responsibility, and perform extraordinary services, in relieving a vessel in distress, he is entitled to a corresponding reward. The goods of passengers contribute to general average.

For definition of 'passenger' and 'passenger ship,' see (English) Merchant Shipping Act, 1894, s. 267, and (English) Merchant Shipping Act, 1906, ss. 13, 85, and Sch. II., and (English) Merchant Shipping (Safety and (English) Load Line Conventions) Act, 1932 (c. 9), s. 33. The regulations concerning the inspection of passenger ships, their equipment, manning, and construction, are now contained in Part III. of the (English) Merchant Shipping Act, 1894, and the (English) Merchant Shipping (Safety and Load Line Conventions) Act, 1932 (22 & 23 Geo. 5, c. 9). Consult Abbott on Shipping and Temperley's Merchant Shipping Acts.

As to passengers by land, see CARRIERS; NEGLIGENCE; RAILWAYS.

See also the London Hackney Carriages Act, 1843, s. 2, for definition of passenger for the purposes of the Act. See also (English) Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43), and AIR NAVIGATION.

As to the liability of a passenger to pay his fare without demand under a bye-law, fraud not being alleged, see London Passenger Transport Board v. Sumner, 1935 WN 196.