Passenger

Comprehending laws and contracts is impossible, unless we first learn the meaning of the words and phrases they contain.

Moderator: notmartha

Post Reply
User avatar
notmartha
Posts: 751
Joined: Mon Jul 22, 2013 1:16 pm

Passenger

Post by notmartha » Wed Feb 08, 2017 8:27 am

Passenger

BIBLE

KJV References

ʿĀbar, Hebrew Strong's #5674, is found 559 times in the Old Testament. It is translated as (pass / went...) over (174), pass (108), (pass ect...) through (58), pass by (27), go (26), (put / pass etc...) away (24), pass on (19), miscellaneous translations (123). It is translated as “passenger” in the following verses:
Proverbs 9:15 - To call passengers who go right on their ways:
Ezekiel 39:11-15 - And it shall come to pass in that day, that I will give unto Gog a place there of graves in Israel, the valley of the passengers on the east of the sea: and it shall stop the noses of the passengers: and there shall they bury Gog and all his multitude: and they shall call it The valley of Hamongog. And seven months shall the house of Israel be burying of them, that they may cleanse the land. Yea, all the people of the land shall bury them; and it shall be to them a renown the day that I shall be glorified, saith the Lord GOD. And they shall sever out men of continual employment, passing through the land to bury with the passengers those that remain upon the face of the earth, to cleanse it: after the end of seven months shall they search. And the passengers that pass through the land, when any seeth a man's bone, then shall he set up a sign by it, till the buriers have buried it in the valley of Hamongog.
DEFINITIONS

Webster’s Dictionary of the English Language, 1828

none


Bouvier’s Law Dictionary, 1856
PASSENGER, cont.
One who has taken a place. in a public conveyance, for the purpose of being transported from one place to another.

The Century Dictionary, an Encyclopedic Lexicon of the English Language, 1895
passenger cent.JPG
passenger cent.JPG (118.55 KiB) Viewed 1613 times
passenger car cent.JPG
passenger car cent.JPG (30.47 KiB) Viewed 1613 times


Black’s Law Dictionary, 1st Edition, 1891
passenger blacks 1.JPG
passenger blacks 1.JPG (46.52 KiB) Viewed 1614 times

Black’s Law Dictionary, 5th Edition, 1979
Passenger
In general, a passenger is one who gives compensation for a ride.

WEX Legal Dictionary
passenger
A rider on a train, bus, airline, taxi, ship, ferry, automobile, or other carrier in the business of transporting people for a fee (a common carrier). A passenger is owed a duty of care by such a carrier.
MISCELLANEOUS

PACS 75 § 102
"Passenger car." A motor vehicle, except a motorcycle, designed primarily for the transportation of persons and designed for carrying no more than 15 passengers, including the driver, and primarily used for the transportation of persons. The term includes motor vehicles which are designed with seats that may be readily removed and reinstalled, but does not include such vehicles if used primarily for the transportation of property.
TX Transportation Code, 7§ 541
(12) "Passenger car" means a motor vehicle, other than a motorcycle, used to transport persons and designed to accommodate 10 or fewer passengers, including the operator.

People v. Raymond, 1868, 34 C. 492.
"Term 'commerce' as employed in US. Const. Art I Sec. 8, is not limited to exchange of commodities only, but includes, as well, 'intercourse' with foreign nations, and between states; and term intercourse includes transportation of passengers."
Propeller Genessee Chief et al. v. Fitzhugh et al., 1851, 12 How 443.
"This power is as extensive upon land as upon water. The Constitution makes no distinction in that respect. And if the admiralty jurisdiction, in matters of contract and tort which the courts of the United States may lawfully exercise on the high seas, can be extended to the lakes under the power to regulate commerce, it can with the same propriety and upon the same construction, be extended to contracts and torts on land when the commerce is between different States. And it may embrace also the vehicles and persons engaged in carrying it on. It would be in the power of Congress to confer admiralty jurisdiction upon its courts, over the cars engaged in transporting passengers or merchandise from one State to another, and over the persons engaged in conducting them, and deny to the parties the trial by jury. Now the judicial power in cases of admiralty and maritime jurisdiction, has never been supposed to extend to contracts made on land and to be executed on land. But if the power of regulating commerce can be made the foundation of jurisdiction in its courts, and a new and extended admiralty jurisdiction beyond its heretofore known and admitted limits, may be created on water under that authority, the same reason would justify the same exercise of power on land."
Cooley v. Philadelphia, 12 How. 316
"Persons are subject to commerce when they conduct commerce or are employed by others who conduct it or when they are carried as passengers. So Congress may prescribe rules for the government of pilots and fix their qualifications."
Government Employees Ins. Co. v. Carrier Ins. Co. (1975) 45 Cal.App.3d 223, 227-228, 119 Cal.Rptr. 116.
Section 260 of the Vehicle Code provides in part: "(a) A 'commercial vehicle' is a vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. (b) Passenger vehicles which are not used for the transportation of person for hire, compensation, or profit and house cars are not commercial vehicles."

"Furthermore," the trial court said, Vehicle Code Section 260, subdivision (a) encompasses vehicles used for carrying person for hire and the transportation of property.

We conclude that the lower court's construction of Vehicle Code section 260 more reasonably conforms to the legislative intent and that the term "for hire" modifies the term "transportation," so that a commercial vehicle is one in which persons or property are transported for hire. Thus, "commercial vehicles" are of two types: (1) those put to the use of transporting persons for hire, and (2) those designed, used or maintained primarily for the transportation of property. In other words, vehicles used for the traditional purposes of public livery or conveyance, such as buses, taxicabs or other vehicles functioning as common carriers or otherwise, operate for profit.
Post Reply