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payable.

passengers.

to conform to them, if they are lawful, public, uniform in their application, and reasonable.

SEC. 2187. A common carrier may demand the fare of Fare, when passengers either at starting or at any subsequent time.

Sec. 2188. A passenger who refuses to pay his fare or to Ejection of conform to any lawful regulation of the carrier, may be ejected from the vehicle by the carrier. But this must be done with as little violence as possible, and at any usual stopping place, or near some dwelling house.

*SEC. 2189. A passenger upon a railroad train who has not Passenger paid his fare before entering the train, if he has been afforded paid fare. an opportunity to do so, must, upon demand, pay ten per cent. in addition to the regular rate.

Sec. 2190. After having ejected a passenger, a carrier has Fare not no right to require the payment of any part of his fare.

Sec. 2191. A common carrier has a lien upon the luggage Carrier's of a passenger for the payment of such fare as he is entitled to from him. This lien is regulated by the title on liens.

who has not

payable after ejection.

lien.

ARTICLE III.

COMMON CARRIERS OF PROPERTY.

for loss.

SECTION 2194. Unless the consignor accompanies the Liability freight and retains exclusive control thereof, an inland carriers common carrier of property is liable, from the time that he accepts until he relieves himself from liability pursuant to sections two thousand one hundred and eighteen to two thousand one hundred and twenty-two, for the loss or injury thereof from any cause whatever, except:

1. An inherent defect, vice, or weakness, or a spontaneous action, of the property itself;

2. The act of a public enemy of the United States, or of this State;

3. The act of the law; or
4. Any irresistible superhuman cause.
SEC. 2195. A common carrier is liable, even in the cases when

exemptions excepted by the last section, if his ordinary negligence do not apply exposes the property to the cause of the loss.

Amended by section fifteen, chapter one, of Act approved April 1st, 1878, relative to Commissioner of Transportation.

Limitation of liability without notice.

usual route.

Liability SEC. 2196. A common carrier is liable for delay only for delay.

when it is caused by his want of ordinary care and diligence. (Amendment, approved March 30, 1874; Amendments 1873–4, 251; took effect July 1, 1874.)

SEC. 2200. A common carrier of gold, silver, platina, or precious stones, or of imitations thereof, in a manufactured or unmanufactured state; of time pieces of any description; of negotiable paper or other valuable writings; of pictures, glass or chinaware; of statuary, silk, or laces; or of plated ware of any kind, is not liable for more than fifty dollars upon the loss or injury of any one package of such articles, unless he has notice, upon his receipt thereof, by mark upon the package or otherwise, of the nature of the freight; nor is such carrier liable upon any package carried for more than the value of the articles named in the receipt or the bill of lading. (Amendment, approved March 30, 1874;

Amendments 1873–4, 251; took effect July 1, 1874.) Delivery SEC. 2201. If a common carrier accepts freight for a place of freight beyond beyond his usual route, he must, unless he stipulates other

wise, deliver it at the end of his route in that direction to some other competent carrier carrying to the place of address, or connected with those who thus carry, and his liability

ceases upon making such delivery. Proof to be SEC. 2202. If freight addressed to a place beyond the given in case of loss. usual route of the common carrier who first received it is

lost or injured, he must, within a reasonable time after demand, give satisfactory proof to the consignor that the loss or injury did not occur while it was in his charge, or he

will be himself liable therefor. Carrier's SEC. 2203. In respect to any service rendered by a comservices, other than mon carrier about freight, other than its carriage and delivcarriage and delivery. ery, his rights and obligations are defined by the titles on

deposit and service. Sale of Sec. 2204. If, from any cause other than want of ordinary perishable property for care and diligence on his part, a common carrier is unable freightage.

to deliver perishable property transported by him and collect his charges thereon, he may cause the property to be sold in open market, to satisfy his lien for freightage. (New section, approved March 30, 1874; Amendments 1873-4, 251; took effect July 1, 1874.)

TITLE XI.

INSURANCE.

ARTICLE IV.

INSURABLE INTEREST.

SECTION 2548. A carrier or depositary of any kind has Interest of an insurable interest in a thing held by him as such, to the depositary. extent of its value.

TITLE XIV.

LIEN.

CHAPTER II.

MORTGAGE.

ARTICLE III.

MORTGAGE OF PERSONAL PROPERTY.

What per

SECTION 2955. Mortgages may be made upon : 1. Locomotives, engines, and other rolling stock of a erty may be

mortgaged. railroad;

2. Steamboat machinery, the machinery used by machinists, foundrymen, and mechanics;

3. Steam engines and boilers; 10. Vessels of more than five tons burden. SEC. 2960. For the purposes of this article, property in Property

in transit, transit from the possession of the mortgagee to the county of where to be

mortgaged. the residence of the mortgagor, or to a location for use, is, during a reasonable time for such transportation, to be taken as situated in the county in which the mortgagor resides, or where it is intended to be used.

Property of a common carrier, where to be recorded,

SEC. 2961. For a like purpose, personal property used in conducting the business of a common carrier is to be taken as situated in the county in which the principal office or place of business of the carrier is located.

CHAPTER VII.

STOPPAGE IN TRANSIT.

When consignor may stop goods.

SECTION 3076. A seller or consignor of property, whose claim for its price or proceeds has not been extinguished, may, upon the insolvency of the buyer or consignee becoming known to him after parting with the property, stop it while on its transit to the buyer or consignee, and resume

possession thereof. What is SEC. 3077. A person is insolvent, within the meaning of insolvency of the last section, when he ceases to pay his debts in the manconsignee.

ner usual with persons of his business, or when he declares

his inability or unwillingness to do so. Transit, SEC. 3078. The transit of property is at an end when it when ended.

comes into the possession of the consignee, or into that of his agent, unless such agent is employed merely to forward the property to the consignee.

Sec. 3079. Stoppage in transit can be effected only by notice to the carrier or depositary of the property, or by taking actual possession thereof.

Sec. 3080. Stoppage in transit does not, of itself, rescind stoppage.

a sale, but is a means of enforcing the lien of the seller.

Stoppage, how effected,

Effect of

DIVISION FOURTH.

PART I.

RELIEF.

TITLE II.

COMPENSATORY RELIEF.

CHAPTER II.

MEASURE OF DAMAGES.

ARTICLE I.

DAMAGES FOR BREACH OF CONTRACT.

of carrier's

deliver.

SECTION 3315. The detriment caused by the breach of a Breach carrier's obligation to accept freight, messages, or passengers, obligation to is deemed to be the difference between the amount which he goods, etc. had a right to charge for the carriage and the amount which it would be necessary to pay for the same service when it ought to be performed.

SEC. 3316. The detriment caused by the breach of a car- Breach rier's obligation to deliver freight, where he has not converted obligation to it to his own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he would have been entitled if he had completed the delivery. SEC. 3317. The detriment caused by a carrier's delay in Carrier

delay. the delivery of freight is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation, if any, in the market value thereof, otherwise than by reason of a depreciation in its intrinsic value, at the place where it ought to have been delivered, and between the day at which it ought to have been delivered and the day of its actual delivery.

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