Obligations of carrier when freight not delivered. Carrier, how exonerated from liability. 1. If carried upon a railway owned or managed by the carrier, it may be delivered at the station nearest to the place to which it is addressed. 3. In other cases, it must be delivered to the consignee or his agent, personally, if either can, with reasonable diligence, be found. SEC. 2120. If, for any reason, a carrier does not deliver freight to the consignee or his agent personally, he must give notice to the consignee of its arrival, and keep the same in safety, upon his responsibility as a warehouseman, until the consignee has had a reasonable time to remove it. If the place of residence or business of the consignee be unknown to the carrier, he may give the notice by letter dropped in the nearest post-office. (Amendment, approved March 30, 1874; Amendments 1873-4, 247; took effect July 1, 1874.) SEC. 2121. If a consignee does not accept and remove freight within a reasonable time after the carrier has fulfilled his obligation to deliver, or duly offered to fulfill the same, the carrier may exonerate himself from further liability by placing the freight in a suitable warehouse, on storage, on account of the consignee, and giving notice thereof to him. (Amendment, approved March 30, 1874; Amendments 18734, 248; took effect July 1, 1874.) Bill of lading, what. Bill of lading, ARTICLE III. BILL OF LADING. SECTION 2126. A bill of lading is an instrument in writing, signed by a carrier or his agent, describing the freight so as to identify it, stating the name of the consignor, the terms of the contract for carriage, and agreeing or directing that the freight be delivered to the order or assigns of a specified person at a specified place. SEC. 2127. All the title to the freight which the first negotiable. holder of a bill of lading had when he received it passes to Same. every subsequent indorsee thereof in good faith and for value, in the ordinary course of business, with like effect and in like manner as in the case of a bill of exchange. SEC. 2128. When a bill of lading is made to "bearer," or in equivalent terms, a simple transfer thereof, by delivery, conveys the same title as an indorsement. of lading on SEC. 2129. A bill of lading does not alter the rights or Effect of bill obligations of the carrier, as defined in this chapter, unless rights, etc., it is plainly inconsistent therewith. of carrier. lading to be consignor. SEC. 2130. A carrier must subscribe and deliver to the Bills of consignor, on demand, any reasonable number of bills of given to lading, of the same tenor, expressing truly the original contract for carriage; and if he refuses to do so, the consignor may take the freight from him, and recover from him, besides, all damage thereby occasioned. exonerated SEC. 2131. A carrier is exonerated from liability for Carrier freight by delivery thereof, in good faith, to any holder of a by delivery bill of lading therefor, properly indorsed, or made in favor to bill of of the bearer. according lading. may demand SEC. 2132. When a carrier has given a bill of lading, or Carrier other instrument substantially equivalent thereto, he may surrender require its surrender, or a reasonable indemnity against lading before claims thereon, before delivering the freight. delivery. ARTICLE IV. FREIGHTAGE. freightage SECTION 2136. A carrier may require his freightage to be when paid upon his receiving the freight; but if he does not demand is to be paid. it then, he cannot until he is ready to deliver the freight to the consignee. when liable age. SEC. 2137. The consignor of freight is presumed to be Consignor, liable for the freightage; but if the contract between him for freight and the carrier provides that the consignee shall pay it, and the carrier allows the consignee to take the freight, he cannot afterwards recover the freightage from the consignor. when liable. SEC. 2138. The consignee of freight is liable for the freight- Consignee, age, if he accepts the freight with notice of the intention of the consignor that he should pay it. SEC. 2139. No freightage can be charged upon the natural Natural increase of freight. increase of freight. ment by SEC. 2140. If freightage is apportioned by a bill of lading Apportionor other contract made between a consignor and carrier, the contract. carrier is entitled to payment, according to the apportionment, for so much as he delivers. SEC. 2141. If a part of the freight is accepted by a con- Same. signee, without a specific objection that the rest is not deliv Apportionment ac distance. ered, the freightage must be apportioned and paid as to that part, though not apportioned in the original contract. SEC. 2142. If a consignee voluntarily receives freight at a cording to place short of the one appointed for delivery, the carrier is entitled to a just proportion of the freightage, according to distance. If the carrier, being ready and willing, offers to complete the transit, he is entitled to the full freightage. If he does not thus offer completion, and the consignee receives the freight only from necessity, the carrier is not entitled to any freightage. Freight carried agreed, etc. SEC. 2143. If freight is carried further, or more expedifurther than tiously, than was agreed upon by the parties, the carrier is not entitled to additional compensation, and cannot refuse to deliver it, on the demand of the consignee, at the place and time of its arrival. Carrier's lien for SEC. 2144. A carrier has a lien for freightage, which is freightage regulated by the title on liens. CHAPTER V. COMMON CARRIERS. Common carrier, what. Obligation to accept freight. Obligation not to give ARTICLE I. COMMON CARRIERS IN GENERAL. SECTION 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. (Amendment, approved March 30, 1874; Amendments 1873-4, 249; took effect July 1, 1874.) SEC. 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. SEC. 2170. A common carrier must not give preference, in preference. time, price, or otherwise, to one person over another, except where expressly authorized by statute. What preference he must give. SEC. 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. on time. SEC. 2172. A common carrier must start at such time and Must start 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. (Amendment, approved March 30, 1874; Amendments 1873-4, 249; took effect July 1, 1874.) sation. SEC. 2173. A common carrier is entitled to a reasonable Compencompensation and no more, which he may require to be paid in advance. If payment thereof is refused, he may refuse to carry. how limited. SEC. 2174. The obligations of a common carrier cannot obligations, be limited by general notice on his part, but may be limited by special contract. (Amendment, approved March 30, 1874; Amendments 1873-4, 249; took effect July 1, 1874.) agreements SEC. 2175. A common carrier cannot be exonerated, by Certain any agreement made in anticipation thereof, from liability void. for the gross negligence, fraud, or willful wrong of himself or his servants. contract SEC. 2176. A passenger, consignor, or consignee, by accept- Written ing a ticket, bill of lading, or written contract for carriage, carrier. 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. (Amendment, approved March 30, 1874; Amendments 1873-4, 249; took effect July 1, 1874.) liable SEC. 2177. A common carrier is not responsible for loss When not or miscarriage of a letter, or package having the form of a for loss. 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. (New section, approved March 30, 1874; Amendments 1873-4, 250; took effect July 1, 1874.) Obligations to carry luggage. Luggage, what. Liability for luggage. Luggage, how carried and delivered. Obligation to provide vehicles. Seats for passengers. Regulations for conduct ARTICLE II. COMMON CARRIERS OF PERSONS. SECTION 2180. A common carrier of persons, unless his vehicle is fitted for the reception of passengers exclusively, must receive and carry a reasonable amount of luggage for each passenger, without charge except for an excess of weight over one hundred pounds to a passenger; provided, that if such carrier be a proprietor of a stage line, he may not receive and carry for each passenger by such stage line, without charge, more than sixty pounds of luggage. (Amendment, approved March 9, 1878; Amendments 1877-8, 87; took effect sixtieth day after passage.) SEC. 2181. Luggage may consist of any articles intended for the use of a passenger while traveling, or for his personal equipment. SEC. 2182. The liablility of a carrier for luggage received by him with a passenger is the same as that of a common carrier of property. 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 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. (Amendment, approved March 30, 1874; Amendments 1873-4, 250; took effect July 1, 1874.) SEC. 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. 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. SEC. 2186. A common carrier of persons may make rules of business. for the conduct of his business, and may require passengers |