Values, how ascertained. Things stowed on deck. Application of the foregoing rules. made at the end of the voyage, if valid there, is valid everywhere. N. Y. C. C., Sec. 1128. SEC. 2153. In estimating values for the purpose of a general average, the ship and appurtenances must be valued as at the end of the voyage, the freightage at onehalf the amount due on delivery, and the cargo as at the time and place of its discharge; adding, in each case, the amount made good by contribution. N. Y. C. C., Sec. 1129. SEC. 2154. The owner of things stowed on deck, in case of their jettison, is entitled to the benefit of a general average contribution only in case it is usual to stow such things on deck upon such a voyage. N. Y. C. C., Sec. 1130. SEC. 2155. The rules herein stated concerning jettison are equally applicable to every other voluntary sacrifice of property on a ship, or expense necessarily incurred, for the preservation of the ship and cargo from extraor dinary perils. N. Y. C. C., Sec. 1131. Obligations of carrier of messages. Degree of care and diligence required. CHAPTER IV. CARRIAGE OF MESSAGES. SECTION 2161. Obligations of carrier of messages. 2162. Degree of care and diligence required. SEC. 2161. A carrier of messages for reward must deliver them at the place to which they are addressed, or to the persons for whom they are intended. N. Y. C. C., Sec. 1132. SEC. 2162. A carrier of messages for reward must use great care and diligence in the transmission and delivery of messages. A carrier by telegraph must use the utmost diligence therein. Obviously, messages are sent by telegraph for the express purpose of securing great dispatch. This is an implied condition of the contract, which should be strictly enforced. N. Y. C. C., Sec. 1133. NOTE.-See Secs. 2207 and 540. CHAPTER V. COMMON CARRIERS. ARTICLE I. COMMON CARRIERS IN GENERAL. ARTICLE I. COMMON CARRIERS IN GENERAL. SECTION 2168. Common carrier, what. 2169. Obligation to accept freight. 2170. Obligation not to give preference. 2171. What preferences he must give. 2173. Compensation. 2174. Obligations of carrier altered only by agreement. 2175. Certain agreements void. 2176. Effect of written contract. SEC. 2168. Every one who offers to the public to carry Common persons, property or messages, is a common carrier of carrier, what whatever he thus offers to carry. N. Y. C. C., Sec. 1134. to accept freight. SEC. 2169. A common carrier must, if able to do so, Obligation 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. N. Y. C. C., Sec. 1135. SEC. 2170. A common carrier must not give preference, in time, price or otherwise, to one person over another, except where expressly authorized by statute. N. Y. C. C., Sec. 1136. Obligation preference, not to give ence he must SEC. 2171. A common carrier must always give a pre- What prefer. ference in time, and may give a preference in price, to the United States and to this State. give. N. Y. C. C., Sec. 1137. SEC. 2172. A common carrier must start at such time Starting. and place as he announces to the public. N. Y. C. C., Sec. 1138. Compensa. tion. Obligations of carrier SEC. 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. N. Y. C. C., Sec. 1139. SEC. 2174. The rights and obligations of a common altered only carrier cannot be altered by notice on his part, or by any other means, except a written agreement between him and the person with whom he deals. by agree. ment. Nevins vs. Bay State Steamb at Co., 4 Bosw., 225; Cole vs. Goodwin, 19 Wend., 251; approved, Dorr vs. N. J. Steam Nav. Co., 11 N. Y., 485. This prov sion is new, in so far as it requires the agreement to be written; but it seems eminently desirable that such should be the law. N. Y. C. C., Sec. 1140. SEC. 2175. A common carrier cannot be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or wilful wrong of himself or his servants. Penn. R. R. vs. McCloskey, 23 Penn. St., 532; Camden & Amboy R. R. vs. Baldauff, 16 id., 67; Smith vs. N. Y. Central R. R., 29 Barb., 132; affirmed, 24 N. Y., 222. The latest cases in this State seem to hold that the carrier may be exempted from such liability for the acts of his servants (Bissell vs. N. Y. Central R. R., 25 N. Y., 442; reversing S. C., 29 Barb., 502; Perkins vs. N. Y. Central R. R., 24 N. Y., 196; Wells vs. Same, id., 181). But these decisions were made by a bare majority of the Court of Appeals, and the Commissioners think that the dissenting opinions are entitled to the most weight. It is notorious that the negligence of railroad managers cannot be stopped by criminal prosecutions, and if they are enabled, by a reduction of a few cents in the fare, to escape a civil action, they will be practicably irresponsible for the acts of their servants. N. Y. C. C., Sec. 1141. SEC. 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. But his assent to any other modifica tion of the carrier's rights or obligations contained in such instrument can only be manifested by his signature to the same. Nevins vs. Bay State Steamboat Co., 4 Bosw., 225. This appears to the Commissioners to be the only sound rule, Totwithstanding its apparent repudiation by a bare majority of the Court of Appeals (see Bissell vs. N. Y. Central R. R., 25 N. Y., 442). N. Y. C. C., Sec. 1142. ARTICLE II. COMMON CARRIERS OF PERSONS. SECTION 2180. Obligation to carry luggage. 2181. Luggage, what. 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. Fare not payable after ejection. to carry SEC. 2180. A common carrier of persons, unless his Obligation vehicle is fitted for the reception of passengers exclu- luggage. sively, must receive and carry a reasonable amount of luggage for each passenger, without any charge except for an excess of weight over one hundred pounds to a passenger. N. Y. C. C., Sec. 1143. what. SEC. 2181. Luggage may consist of any articles in- Luggage, tended for the use of a passenger while travelling, or for his personal equipment. N. Y. C. C., Sec. 1144. SEC. 2182. The liability of a carrier for luggage re ceived by him with a passenger is the same as that of a common carrier of property. N. Y. C. C., Sec. 1145. SEC. 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 belongs. N. Y. C. C., Sec. 1146. SEC. 2184. A common carrier of persons must provide obligation to provide a sufficient number of vehicles to accommodate all the vehicles. passengers who can be reasonably expected to require carriage at any one time. N. Y. C. C., Sec. 1147. Seats for passengers. Regulations for conduct of business. Fare, when payable. Ejection of passengers. Fare not payable after ejection. Carrier's lien. SEC. 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.] N. Y. C. C., Sec. 1148. SEC. 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. N. Y. C. C., Sec. 1149. SEC. 2187. A common carrier may demand the fare of passengers, either at starting or at any subsequent time. N. Y. C. C., Sec. 1150. SEC. 21S8. 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 within a short distance from some dwelling house. N. Y. C. C., Sec. 1151. SEC. 2189. After having ejected a passenger, a carrier has no right to require the payment of any part of his fare. N. Y. C. C., Sec. 1152. SEC. 2190. A common carrier has a lien upon the lug gage 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. N. Y. C. C., Sec. 1153. ARTICLE III. COMMON CARRIERS OF PROPERTY. SECTION 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. |