Effect of written contract. § 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. Amended March 30, 1874; amendts. 1873-4, p. 249. 66 Cal. 299; 101 Cal. 195; 113 Cal. 334; 118 Cal. 689, 691; 131 Cal. 586, 587, 589; 152 Cal. 185. Loss of valuable letters. § 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. Enacted March 30, 1874; amendts. 1873-4, p. 250. 2183. Luggage, how carried and delivered. Obligation to provide vehicles. Seats for passengers. Regulations for conduct of business. 2184. 2185. 2186. § 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. Amended March 21, 1905; stats. 1905, p. 615. 70 Cal. 172; 85 Cal. 330. NOTE. § 2180. The change consists in the substitution of the word "need" for "may." The present section would seem to prohibit a carrier by stage from receiving more than sixty pounds of luggage, wherein it was manifestly intended only to relieve him, at his election, from receiving a greater amount. Luggage, what-Bicycles. § 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. Amended February 9, 1897; stats. 1897, p. 4. 70 Cal. 173; 85 Cal. 330. Liability for luggage. § 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. Enacted March 21, 1872. 70 Cal. 173. Liability of carriers generally: Civ. C. § 2194 et seq. Luggage, how carried and delivered. § 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. Amended March 30, 1874; amendts. 1873-4, p. 250. 70 Cal. 173. Duty to furnish check: Civ. C. § 479. Obligation to provide vehicles. § 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. Enacted March 21, 1872. See, also, Civ. C. § 2185. Refusal to take passengers, penalty: See Pen. C. § 365. Seats for passengers. § 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. Enacted March 21, 1872. See, also, Civ. C. §§ 483, 2184, and 2169. Regulations for conduct of business. § 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. Enacted March 21, 1872. 97 Cal. 464; 141 Cal. 732. See, also, Civ. C. § 465, subds. 10 and 11, and § 484. Fare, when payable. § 2187. A common carrier may demand the fare of passengers, either at starting or at any subsequent time. Enacted March 21, 1872. 81 Cal. 298; 97 Cal. 464. Penalty for overcharge: Pen. C. § 525. Ejection of passengers. § 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. Enacted March 21, 1872. 81 Cal. 299; 97 Cal. 463; 141 Cal. 732; 145 Cal. 452. Ejection of passenger for non-payment of fare: Civ. C. § 487. Passenger who has not paid fare. § 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. Enacted March 21, 1872. Ejection of passenger for non-payment of fare: Civ. C. § 487. Fare not payable after ejection. § 2190. After having ejected a passenger, a carrier has no right to require the payment of any part of his fare. Enacted March 21, 1872. Carrier's lien. 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." Enacted March 21, 1872. 2200. 2201. 2202. Proof to be given in case of loss. 2203. 2204. Consignor of valuables to declare their nature. Delivery of freight beyond usual route. Carrier's services, other than carriage and delivery. Sale of perishable property for freight. Liability of inland carriers for loss. § 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: 1. An inherent defect, vice, or weakness, or a spontaneous action, of the property itself; 2. The act of a public enemy of the United States, or of this state; 3. The act of the law; or, 4. Any irresistible superhuman cause. Enacted March 21, 1872. 101 Cal. 194; VIII Cal. App. Dec. 391, 394. Selling perishable articles: Civ. C. § 2204. When carriers guilty of embezzlement: See Pen. C. § 505. When exemptions do not apply. s'excepted § 2195. A common carrier is liable, even in the cases excepted by the last section, if his want of ordinary care exposes the property to the cause of the loss. Amended March 21, 1905; stats. 1905, p. 615. NOTE.- 2195. The change consists in the substitution of the words "want of ordinary care" for "ordinary negligence." Liability for delay. § 2196. A common carrier is liable for delay only when it is caused by his want of ordinary care and diligence. Amended March 30, 1874; amendts. 1873-4, p. 251. 101 Cal. 193. Liability of marine carriers. § 2197. A marine carrier is liable in like manner as an inland carrier, except for loss or injury caused by the perils of the sea or fire. Enacted March 21, 1872. Same. § 2198. The liability of a common carrier by sea is further regulated by acts of congress. Enacted March 21, 1872. Perils of sea, what. § 2199. Perils of the sea are from: 1. Storms and waves; 2. Rocks, shoals, and rapids; 3. Other obstacles, though of human origin; 4. Changes of climate; 5. The confinement necessary at sea; 6. Animals peculiar to the sea; and, 7. All other dangers peculiar to the sea. Enacted March 21, 1872. 76 Cal. 147, 148. |