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ID · jury_instructions

IDJI 2.04.4

Definition of passenger

activein force · 2024-01-01 – presentas-observed

A passenger is one who is being transported by the common carrier with the consent of the carrier. Such person is a passenger from the time the individual begins to board the vehicle until the individual has completed exiting the vehicle.

Comment:

These instructions divide the previous IDJI 202 into several specific components, depending upon what is at issue. The instruction on liability of a common carrier sets out that a common carrier owes the highest duty of care, which is the holding of Clark v. Tarr, 76 Idaho 383, 283 P.2d 942 (1955), but that it is not a guarantor or insurer, which is the holding in Ness v. West Coast Air, 90 Idaho 111, 410 P.2d 965.

Provenance

Source
isc.idaho.gov
Retrieved
2026-08-21
Edition
2026-08-20
Content hash
22dea10bc2d5c71cf581d628448261cc9a0094878a48ba1d05794b491ced7dfe
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