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good faith, a new obligation changing his position, in respect to the thing, to his prejudice.

SEC. 1827. If a thing deposited is owned jointly or in Delivery of common by persons who cannot agree upon the manner of jointly, etc. its delivery, the depositary may deliver to each his proper share thereof, if it can be done without injury to the thing.

thing owned






as to use of


SECTION 1833. A depositor must indemnify the depositary: Depositor 1. For all damage caused to him by the defects or vices of indemnify

depositary. the thing deposited ; and,

2. For all expenses necessarily incurred by him about the thing, other than such as are involved in the nature of the undertaking

Sec. 1834. A depositary of living animals must provide obligation of them with suitable food and shelter, and treat them kindly. of animais.

Sec. 1835. A depositary may not use the thing deposited, ovligations or permit it to be used, for any purpose, without the consent thing deof the depositor. He may not, if it is purposely fastened by the depositor, open it without the consent of the latter, except in case of necessity.

Sec. 1836. A depositary is liable for any damage happen- Liability

SEC ing to the thing deposited, during his wrongful use thereof, arising from unless such damage must inevitably have happened though use. the property had not been thus used.

SEC. 1837. If a thing deposited is in actual danger of per- Sale of ishing before instructions can be obtained from the depositor, danger of the depositary may sell it for the best price obtainable, and retain the proceeds as a deposit, giving immediate notice of his proceedings to the depositor.

SEC. 1838. If a thing is lost or injured during its deposit, Injury to, and the depositary refuses to inform the depositor of the cir- thing cumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrep

for damage



thing in


or loss of


Service rendered by

resents the circumstances to him, the depositary is presumed to have willfully, or by gross negligence, permitted the loss or injury to occur.

SEC. 1839. So far as any service is rendered by a deposdepositary itary, or required from him, his duties and liabilities are

prescribed by the title on employment and service. Limitation SEC. 1840. The liability of a depositary for negligence of liability of depositary cannot exceed the amount which he is informed by the for negli

depositor, or has reason to suppose, the thing deposited to be worth. (Amendment, approved March 30, 1874; Amendments 1873-4, 244; took effect July 1, 1874.)




Gratuitous deposit, what.

Nature of

of care

SECTION 1844. Gratuitous deposit is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited.

Sec. 1845. An involuntary deposit is gratuitous, the deposinvoluntary deposit. itary being entitled to no reward. Degrees SEC. 1846. A gratuitous depositary must use, at least, slight required of care for the preservation of the thing deposited. gratuitous depositary. Sec. 1847. The duties of a gratuitous depositary cease:

1. Upon his restoring the thing deposited to its owner; or, cease, when.

2. Upon his giving reasonable notice to the owner to remove it, and the owner failing to do so within a reasonable time. But an involuntary depositary, under subdivision two of section one thousand eight hundred and fifteen, cannot give such notice until the emergency which gave rise to the deposit is past.

His duties

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Deposit for hire.

of care
required of
for hire.

SECTION 1851. A deposit not gratuitous is called storage. The depositary in such case is called a depositary for hire.

SEC. 1852. A depositary for hire must use at least ordinary care for the preservation of the thing deposited.

SEC. 1853. In the absence of a different agreement or usage, a depositary for hire is entitled to one week's hire for


fraction of a week, etc.


the sustenance and shelter of living animals during any frac- Rate of tion of a week, and to a half month's hire for the storage of tion for any other property during any fraction of a half month. SEC. 1854. In the absence of an agreement as to the length Termination

of deposit. of time during which a deposit is to continue, it may be terminated by the depositor at any time, and by the depositary upon reasonable notice.

SEC. 1855. Notwithstanding an agreement respecting the same. length of time during which a deposit is to continue, it may be terminated by the depositor on paying all that would become due to the depositary in case of the deposit so continuing.





Different kinds of carriage.

inland car

SECTION 2085. The contract of carriage is a contract for Contract

of carriage. the conveyance of property, persons, or messages from one place to another.

SEC. 2086. Carriage is either:
1. Inland; or,
2. Marine.

SEC. 2087. Carriers upon the ocean and upon arms of the Marine and sea are marine carriers. All others are inland carriers.

riers, what. SEC. 2089. Carriers without reward are subject to the same obligations rules as employés without reward, except so far as is other-carriers. wise provided by this title.

Sec. 2090. A carrier without reward, who has begun to obligations perform his undertaking, must complete it in like manner carrier who

has begun as if he had received a reward, unless he restores the person to carry. or thing carried to as favorable a position as before he commenced the carriage.

of gratuitous





Degree of care required.

SECTION 2096. A carrier of persons without reward must use ordinary care and diligence for their safe carriage.



General duties of carrier,


SECTION 2100. A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.

SEC. 2101. A carrier of persons for reward is bound to provide vehicles safe and fit for the purposes to which they are put, and is not excused for default in this respect by any

degree of care. Not to SEC. 2102. A carrier of persons for reward must not overoverload his vehicle. crowd or overload his vehicle. Treatment

SEC. 2103. A carrier of persons for reward must give to passengers all such accommodations as are usual and reasonable, and must treat them with civility, and give them a reasonable degree of attention.

SEC. 2104. A carrier of persons for reward must travel at speed and delays. a reasonable rate of speed, and without any unreasonable

delay, or deviation from his proper route.

of passengers.

Rate of





SECTION 2110. Property carried is called freight; the Freight,

consignor, reward, if any, to be paid for its carriage is called freightage ; etc., what the person who delivers the freight to the carrier is called the consignor; and the person to whom it is to be delivered is called the consignee.





obey direc


SECTION 2114. A carrier of property for reward must use Care and at least ordinary care and diligence in the performance of required of all his duties. A carrier without reward must use at least slight care and diligence.

Sec. 2115. A carrier must comply with the directions of Carrier to the consignor or consignee to the same extent that an em- tions. ployé is bound to comply with those of his employer.

SEC. 2116. When the directions of a consignor and con- Conflict of signee are conflicting, the carrier must comply with those of the consignor in respect to all matters except the delivery of the freight, as to which he must comply with the directions of the consignee, unless the consignor has specially forbidden the carrier to receive orders from the consignee inconsistent with his own. SEC. 2117. A marine carrier must not stow freight upon stowage,

deviation, deck during the voyage, except where it is usual to do so, etc. nor make any improper deviation from or delay in the voyage, nor do any other unnecessary act which would avoid an insurance in the usual form upon the freight.

Sec. 2118. A carrier of property must deliver it to the Delivery consignee, at the place to which it is addressed, and in the manner usual at that place.

Sec. 2119. If there is no usage to the contrary at the place Place of of delivery, freight must be delivered as follows:

of freight.

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