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struction 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 employés.

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.

$ 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, trains, or cars, when the provisions of this section are not complied with.

52 Cal. 604; 61 Cal. 328; 85 Cal. 296; 86 Cal. 378; 98 Cal. 311; 122 Cal. 567.

§ 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 employés 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.

65 Cal. 62; 97 Cal. 5; 145 Cal. 452.

§ 488. Every conductor, baggagemaster, engineer, brakeman, or other employé 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 employé, without such badge, has any authority to meddle or interfere with any passenger or property.

109 Cal. 104.

$ 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, corporation affected thereby. [Amendment approved March 21, 1905 ; in effect in sixty days.]

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.



§ 490. Every railroad corporation must provide, and 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 the same. [Amendment in effect March 23, 1901.]

105 Cal. 537 ; 132 Cal. 411, 413, 416, 418, 420; 144 Cal. 188.

$ 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 rails, known as the T or H rail, or other pattern of equal utility. [Amendment in effect July 1, 1874.]

$ 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 property, other than public property, on the line of said elevated portion applied for. [Amendment in effect March 27, 1895.]

§ 493. The provisions of section four hundred and ninetytwo shall apply to any railway corporation heretofore or hereafter incorporated. [Amendment approved March 21, 1905 ; in effect in sixty days.]

Note.—$ 493. The change consists in the substitution of the words "section four hundred and ninety-two” in place of “act.”

1905 ;

§ 494. [As approved March 22, 1899. Repealed March 21,

in effect in sixty days.] Note.—$ 494. In 1899 a section relating to the sale of railroads was added to the code, and numbered 494. In 1903 a new section was added, also numbered 494, and clearly intended to supersede the old Section 494. Accordingly, it is thought advisable to repeal the earlier section.

§ 494. Any railroad corporation, person or persons, firm or corporation, owning any railroad in this State, may sell, convey, and transfer its property and franchises, or any part thereof, to any other railroad corporation, whether organized under the laws of this State or of any other State or Territory, or under any Act of Congress; and any other such railroad corporation receiving such conveyance may hold and operate such railroad franchises and property within this State, build and operate extensions and branches thereof, and thereunto exercise the right of eminent domain, and do any other business in connection therewith, as fully and effectually to all intents and purposes as if such corporation were organized under the laws of this State; provided, that before such sale, conveyance, or transfer shall become operative, an agreement in writing must be executed by the parties thereto, containing the terms and conditions of the purchase and sale, and its execution must be authorized by the board of directors and ratified by three fourths of the stockholders of each of the railroad companies that are parties to such conveyance and transfer, and said agreement or conveyance shall be recorded in each county through which said road or roads pass in this State ; and provided further, that no sale, conveyance, or transfer under this Act shall relieve the franchise or property sold, conveyed, or transferred, from the liability of the grantor contracted or incurred in the operation, use, or enjoyment of such franchise or any of its privileges; provided, that this section shall not authorize any corporation to purchase any railroad property operated in competition with it; and provided further, that any or all established rates for fares and tolls for carrying passengers or freight between any points upon any railroad purchased under the provisions of this Act, shall not be increased without the consent of the governmental authority in which is vested by law the power to regulate fares and freights; and provided further, that whenever a railroad corporation, which has purchased any line of road under this Act, shall for the purposes of competing with any other common carrier lower its rates for transportation of passengers or freight from one point to another upon such line purchased, such reduced rates shall not be again raised or increased from such standard without the consent of the governmental authority in which shall be vested the power to regulate fares and freights; and provided further, that for every violation of the provisions of this Act on the part of the directors or governing officers of said corporation, the State shall be entitled to recover from such offending railroad company the sum of ten thousand dollars. It is hereby declared to be the duty of the Attorney-General of the State, in the event of any such violation, to demand and collect from such company the said penalty; and he is hereby authorized and empowered to prosecute all the necessary actions in the name of the people of the State of California against such company in the courts of the State. All money so collected shall be paid into the general fund of this State. [Amendment approved February 27, 1903; in effect immediately.]


Street Railroad Corporations.
SEC. 497. Authority to lay street railroad track, how obtained.

198. Restrictions and limitations to the grant of the right of way.
199. Two corporations may use the same track,
500. Crossing tracks. Obstructions.
501. Rates of fare, speed, etc.
502. Time allowed for completion of work of laying down track.
503. May make further regulations and rules.
504. Penalty for overcharging.
505. To provide and furnish passenger tickets. Penalty.
506. Trial, proof, and limitation.
507. City or town to reserve certain rights.
508. License to be paid to city or town.
509. Track for grading purposes.
510. What provisions of Title III are applicable to street railroads.
511. Title applicable to natural persons alike with corporations.

[See Appendix for acquisition and sale of franchises.] $ 497. Authority to lay railroad tracks through the streets and public highways of any incorporated city, city and county, or town, may be obtained for a term of years not exceeding fifty, from the trustees, council, or other body to whom is intrusted the

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