n
is one of fact, the extent of the injury, and the degree of negligence
of the carrier. If, on the other hand, the passenger was in fault
himself and contributed to the injury then the more general rule is he
can recover nothing. In some states the courts attempt to ascertain
the negligence of both parties, when both are at fault, and then award
a verdict in favor of the one least in fault. This is a difficult rule
to apply however just it may seem to be.

A passenger who stands on a platform or on the steps of a street car,
when there is room inside, assumes all the risks himself. But if there
is no room within and the conductor knows he is outside, and permits
him to ride, he is under the same protection as other passengers. An
interurban car had stopped and A who was carrying two valises
attempted to board it. The act of the conductor, who was on the rear
platform, in reaching down and taking one of the valises amounted to
an invitation to A to board the car. In signaling to the motorman to
start the car when A was stepping to the vestibule from the lower
step, thus causing the injury to him, was negligence for which the
company was liable.

A sleeping car company operating in connection with ordinary trains is
not a common carrier, nor an innkeeper as to the baggage of a
passenger. Yet it is liable for ordinary negligence in protecting
passengers from loss by theft. In a well-considered case the judge
said: "Where a passenger does not deliver his property to a carrier,
but retains the exclusive possession and control of it himself, the
carrier is not liable in case of a loss, as for instance, where a
passenger's pocket is picked, or his overcoat taken. A person asleep
cannot retain manual possession or control of anything. The invitation
to make use of the bed carries with it an invitation to sleep, and an
implied agreement to take reasonable care of the guest's effects while
he is in such a state that care upon his own part is impossible. I
think it should keep a watch during the night, see to it that no
unauthorized persons intrude themselves into the car, and take
reasonable care to prevent thefts by occupants."

There is a distinction between the great express companies of the
country and local express companies receiving baggage from travelers
for transportation to their immediate destination. In the latter case
there is nothing in the nature of the transaction or the custom of the
trade which should natur