-] to be the person who

[or proved to me on the oath of executed the within instrument on behalf of the corporation therein named) and acknowledged to me that such corporation executed the same. [Amendment approved March 21, 1905; in effect in sixty days.]

DIVISION THIRD. PART IV. TITLE VII. CHAPTER V.

Common Carriers.

ART. I. Common Carriers in General. §§ 2168-2177.

II. Common Carriers of Persons. III. Common Carriers of Property. IV. Common Carriers of Messages.

ARTICLE I.

§§ 2180-2191.

§§ 2194-2204.

§§ 2207-2209.

Common Carriers in General.

SEC. 2168. Common carrier, what.

2169. Obligation to accept freight.

2170. Obligation not to give preference.

2171. What preferences he must give.
2172. Starting.

2173. Compensation.

2174. Obligations of carrier altered only by agreement.

2175. Certain agreements void.

2176. Effect of written contract.

2177. Loss of valuable letters.

§ 2168. Every one who offers to the public to carry persons, property, or messages, excepting only telegraphic messages, is a common carrier of whatever he thus offers to carry.

66 Cal. 581, 586.

2169. A common carrier must, if able to do so, accept and carry whatever is offered to him, at a reasonable time and place, of a kind that he undertakes or is accustomed to carry.

70 Cal. 178; 81 Cal. 268.

§ 2170. A common carrier must not give preference, in time, price, or otherwise, to one person over another. Every common carrier of passengers by railroad, or by vessel plying

upon waters lying wholly within this State, shall establish a schedule time for the starting of trains or vessels from their respective stations or wharves, of which public notice shall be given, and shall, weather permitting, except in case of accident or detention caused by connecting lines, start their said trains or vessels at or within ten minutes after the schedule time so established and notice given, under a penalty of two hundred and fifty dollars for each neglect so to do, to be recovered by action before any court of competent jurisdiction, upon complaint filed by the District Attorney of the county in the name of the people, and paid into the common school fund of the said county.

70 Cal. 178.

§ 2171. A common carrier must always give a preference in time, and may give a preference in price, to the United States and to this State.

§ 2172. A common carrier must start at such time and place as he announces to the public, unless detained by accident or the elements, or in order to connect with carriers on other lines of travel.

§ 2173. A common carrier is entitled to a reasonable compensation and no more, which he may require to be paid in advance. If payment thereof is refused, he may refuse to carry.

§ 2174. The obligations of a common carrier cannot be limited by general notice on his part, but may be limited by special contract.

120 Cal. 158, 159.

§ 2175. A common carrier cannot be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or willful wrong of himself or his servants.

118 Cal. 689, 690, 691, 695; 120 Cal. 158; 131 Cal. 589.

§ 2176. A passenger, consignor, or consignee, by accepting a ticket, bill of lading, or written contract for carriage, with a knowledge of its terms, assents to the rate of hire, the time,

place, and manner of delivery therein stated; and also to the limitation stated therein upon the amount of the carrier's liability in case property carried in packages, trunks, or boxes, is lost or injured, when the value of such property is not named; and also to the limitation stated therein to the carrier's liability for loss or injury to live animals carried. But his assent to any other modification of the carrier's obligations contained in such instrument can be manifested only by his signature to the same.

66 Cal. 299; 101 Cal. 195; 113 Cal. 334; 118 Cal. 689, 691; 131 Cal. 586, 587, 589.

§ 2177. A common carrier is not responsible for loss or miscarriage of a letter, or package having the form of a letter, containing money or notes, bills of exchange, or other papers of value, unless he be informed at the time of its receipt of the value of its contents.

ARTICLE II.

Common Carriers of Persons.

SEC. 2180. Obligation to carry luggage.

2181. Luggage, what. Bicycles.

2182. Liability for luggage.

2183. Luggage, how carried and delivered.

2184. Obligation to provide vehicles.

2185. Seats for passengers.

2186. Regulations for conduct of business.

2187. Fare, when payable.

2188. Ejection of passengers.

2189. Passenger who has not paid fare.

2190. Fare not payable after ejection.
2191.

Carrier's lien.

§ 2180. A common carrier of persons, unless his vehicle is fitted for the reception of persons exclusively, must receive and carry a reasonable amount of baggage for each passenger without charge, except for an excess of weight over one hundred pounds to a passenger; if such carrier is a proprietor of a stage line, he need not receive and carry for each passenger by such stage line, without charge, more than sixty pounds of baggage. [Amendment approved March 21, 1905; in effect in sixty days.] 70 Cal. 172; 85 Cal. 330.

§ 2181. Luggage may consist of whatever the passenger takes with him for his personal use and convenience according to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities, or to the ultimate purpose of the journey. No crate, cover, or other protection shall be required for any bicycle carried as luggage, but no passenger shall be entitled to carry as luggage more than one bicycle.

70 Cal. 173; 85 Cal. 330.

§ 2182.

The liability of a carrier for luggage received by him with a passenger is the same as that of a common carrier of property.

70 Cal. 173.

§ 2183. A common carrier must deliver every passenger's luggage, whether within the prescribed weight or not, immediately upon the arrival of the passenger at his destination; and, unless the vehicle would be overcrowded or overloaded thereby, must carry it on the same vehicle by which he carries the passenger to whom it belonged, except that where luggage is transported by rail, it must be checked and carried in a regular baggage car; and whenever passengers neglect or refuse to have their luggage so checked and transported, it is carried at their risk.

70 Cal. 173.

§ 2184. A common carrier of persons must provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage at any one time.

§ 2185. A common carrier of persons must provide every passenger with a seat. He must not overload his vehicle by receiving and carrying more passengers than its rated capacity allows.

§ 2186. A common carrier of persons may make rules for the conduct of his business, and may require passengers to conform to them, if they are lawful, public, uniform in their application, and reasonable.

97 Cal. 464; 141 Cal. 732.

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

81 Cal. 298; 97 Cal. 464.

§ 2188. A passenger who refuses to pay his fare or to 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.

81 Cal. 299; 97 Cal. 463; 141 Cal. 732; 145 Cal. 452.

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

§ 2190. After having ejected a passenger, a carrier has no right to require the payment of any part of his fare.

§ 2191. A common carrier has a lien upon the luggage 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.

ARTICLE III.

Common Carriers of Property.

SEC. 2194. Liability of inland carriers for loss.

2195. When exemptions do not apply.

2196. Liability for delay.

2197. Liability of marine carriers.

2198. Same.

2199. Perils of sea, what.

2200. Consignor of valuables to declare their nature.

2201. Delivery of freight beyond usual route.

2202. Proof to be given in case of loss.

2203. Carrier's services, other than carriage and delivery.

2204. Sale of perishable property for freight.

§ 2194. Unless the consignor accompanies the freight and retains exclusive control thereof, an inland common carrier of property is liable, from the time that he accepts until he relieves himself from liability pursuant to Sections 2118 to 2122, for the loss or injury thereof from any cause whatever, except: