times as it shall fix by public notice, and must furnish sufficient accommodations for the transportation of all such passengers and property as, within a reasonable time previous thereto, offer or are offered for transportation, at the place of starting, at the junction of other railroads, and at siding and stoppingplaces established for receiving and discharging way passengers and freight; and must take, transport, and discharge such passengers and property at, from, and to such places, on the due payment of tolls, freight, or fare therefor. Amended March 21, 1905; stats. 1905, p. 575. 134 Cal. 414; 142 Cal. 392; 3 Cal. App. 683. NOTE. § 481. The amendment consists in the substitution of the word "its" for "their," and the substitution of "it" for "they," thus correcting errors of grammar. Time tables, etc.: See Civ. C. §§ 2170, 2172, and 2196. Rules and regulations: See Civ. C. § 484. Corporation to pay damages for refusal. § 482. In case of refusal by such corporation or their agents so to take and transport any passengers or property, or to deliver the same, at the regular appointed places, such corporation must pay to the party aggrieved all damages which are sustained thereby, with costs of suit. Enacted March 21, 1872. 142 Cal. 392; 3 Cal. App. 683. See, also, Civ. C. § 2169. Furnish room inside passenger cars, and be responsible for damages occurring on freight and other cars. § 483. Every railroad corporation must furnish, on the inside of its passenger cars, sufficient room and accommodations for all passengers to whom tickets are sold for any one trip, and for all persons presenting tickets entitling them to travel thereon; and when fare is taken for transporting passengers on any baggage, wood, gravel, or freight car, the same care must be taken and the same responsibility is assumed by the corporation as for passengers on passenger cars. Enacted March 21, 1872. 70 Cal. 173; 1 Cal. App. 347. Accommodations to be furnished: See Civ. C. § 481. Corporation to post printed regulations, and not responsible for damages in violation of rules. § 484. Every railroad corporation must have printed and conspicuously posted on the inside of its passenger cars its rules and regulations regarding fare and conduct of its passengers; and in case any passenger is injured on or from the platform of a car, or on any baggage, wood, gravel, or freight car, in violation of such printed regulations, or in violation of positive verbal instructions or injunctions given to such passenger in person by any officer of the train, the corporation is not responsible for damages for such injuries, unless the corporation failed to comply with the provisions of the preceding section. Enacted March 21, 1872. 78 Cal. 364; 87 Cal. 73; 1 Cal. App. 348. See, also, Civ. C. § 2186. Fences-To pay damages-Not liable in certain cases-Corporation may recover damages, when. § 485. Railroad corporations must make and maintain a good and sufficient fence on either or both sides of their track and property. In case they do not make and maintain such fence, if their engine or cars shall kill or maim any cattle or other domestic animals upon their line of road which passes through or along the property of the owner thereof, they must pay to the owner of such cattle or other domestic animals a fair market price for the same, unless it occurred through the neglect or fault of the owner of the animal so killed or maimed. Railroad corporations paying to the owner of the land through or along which their road is located an agreed price for making and maintaining such fence, or paying the cost of such fence with the award of damages allowed for the right of way for such railroad, are relieved and exonerated from all claims for damages arising out of the killing or maiming any animals of persons who thus fail to construct and maintain such fence; and the owners of such animals are responsible for any damages or loss which may accrue to such corporation from such animals being upon their railroad track, resulting from the non-construction of such fence, unless it is shown that such loss or damage occurred through the negligence or fault of the corporation, its officers, agents, or employees. Enacted March 21, 1872. 64 Cal. 113; 65 Cal. 318; 86 Cal. 284; 94 Cal. 570; 104 Cal. 28; 110 Cal. 456; 114 Cal. 508; 126 Cal. 518, 573; 141 Cal. 289; VII Cal. App. Dec. 674, 675, 677. Regulations of trains-Penalty. § 486. A bell, of at least twenty pounds weight, must be placed on each locomotive engine, and be rung at a distance of at least eighty rods from the place where the railroad crosses any street, road, or highway, and be kept ringing until it has crossed such street, road, or highway; or a steam whistle must be attached, and be sounded, except in cities, at the like distance, and be kept sounding at intervals until it has crossed the same, under a penalty of one hundred dollars for every neglect, to be paid by the corporation operating the railroad, which may be recovered in an action prosecuted by the district attorney of the proper county, for the use of the state. The corporation is also liable for all damages sustained by any person, and caused by its locomotives, train, or cars, when the provisions of this section are not complied with. Enacted March 21, 1872. 52 Cal. 604; 61 Cal. 328; 85 Cal. 296; 86 Cal. 378; 98 Cal. 311; 122 Cal. 567; 147 Cal. 627; 150 Cal. 703; VII Cal. App. Dec. 328. Passengers refusing to pay fare. $ 487. If any passenger refuses to pay his fare, or to exhibit or surrender his ticket, when reasonably requested so to do, the conductor and employees of the corporation may put him and his baggage out of the cars, using no unnecessary force, at any usual stopping place, or near any dwelling house, on stopping the train. Enacted March 21, 1872. 65 Cal. 628; 97 Cal. 5; 145 Cal. 452; 1 Cal. App. 348. See, also, Civ. C. § 2187 et seq. Officers to wear badge. $488. Every conductor, baggage master, engineer, brakeman, or other employee of any railroad corporation, employed on a passenger train or at stations for passengers, must wear upon his hat or cap, or in some conspicuous place on the breast of his coat, a badge, indicating his office or station, and the initial letters of the name of the corporation by which he is employed. No collector or conductor, without such badge, is authorized to demand or to receive from any passenger any fare, toll, or ticket, or exercise any of the powers of his office or station; and no other officer or employee, without such badge, has any authority to meddle or interfere with any passenger or property. Enacted March 21, 1872. 109 Cal. 104; 1 Cal. App. 348. Rates of charges. § 489. Whenever the board of railroad commissioners, in the discharge of its duties, establishes or adopts rates of charges for the transportation of passengers and freight, pursuant to the provisions of the constitution, said board must serve a printed schedule of such rates, and of any changes that may be made in such rates, upon the person, co-partnership, company or corporation affected thereby; and upon such service it is the duty of such person, co-partnership, company, or corporation to immediately cause copies of the same to be posted in all its offices, station houses, warehouses, and landing offices affected by such rates, or change of rates, in such manner as to be accessible to public inspection during usual business hours. Said board must also make such further publication thereof as it deems proper and necessary for the public good. If the party to be served is a corporation, such service may be made upon the president, vice-president, secretary, or managing agent thereof, and if a co-partnership, upon any partner thereof. The rates of charges established or adopted by said board, pursuant to the constitution and the laws of this state, must go into force and effect on the twentieth day after service of such schedule of rates, or changes in rates, upon the person, co-partnership, company, or corporation affected thereby. Amended March 21, 1905; stats. 1905, p. 575. 105 Cal. 545. NOTE. § 489. Section 11 of the statute of 1880, page 47, defining the powers of the board of railroad commissioners, is substituted in place of the old section 489, which has been inoperative since the adoption of the constitution of 1879. See Railroad Act of 1909, defining powers of railroad commissioners, "Railroads," statutes at large, Appendix. Passenger tickets, how issued, and to be good for six months. § 490. Every railroad corporation must provide, and on being tendered the fare therefor fixed, as provided in the preceding section, furnish to every person desiring a passage on their passenger cars a ticket, which entitles the purchaser to a ride, and to the accommodations provided on their cars, from the depot or station where the same is purchased to any other depot or station on the line of their road. Every such ticket entitles the holder thereof to ride on their passenger cars to the station or depot of destination, or any intermediate station, and from any intermediate station to the depot of destination designated in the ticket, at any time within six months thereafter. Any corporation failing so to provide and furnish tickets, or refusing the passage which the same calls for when sold, must pay to the person so refused all actual damages caused thereby, with reasonable counsel fees expended in recovering same. Amended March 23, 1901; stats 1901, p. 600. 105 Cal. 537; 132 Cal. 411, 413, 416, 418, 420; 144 Cal. 188. Character of iron rail to be used. § 491. All railroads, other than street railroads and those used exclusively for carrying freight or for mining purposes, built by corporations organized under this chapter, must be constructed of the best quality of iron or steel rail, known as Tor H rail, or other pattern of equal utility. Amended March 30, 1874; amendts. 1873-4, p. 212. 132 Cal. 678. Elevated or underground railways. § 492. The legislative or other body to whom is intrusted the government of the county, city and county, city, or town, under such regulations, restrictions, and limitations, and upon such terms and payment of license tax as the county, city and county, city, or town authority may provide, may grant franchises for the construction of elevated or underground railroad tracks over, across, or under the streets and public highways of any such county, city and county, city, or town, for the term not exceeding fifty years; provided, that before granting such franchise there shall be presented to such legislative or other body a petition signed by the owners of a majority of the landed prop |