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A



Tit.III,Ch.III.] TICKETS, RIGHTS UNDER. § 49O

As to many miscellaneous matters as to corporations, see note
§ 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

Street railroads — Rates of charges on. — See Kerr's Cyc. C. C.
§ 501 and note.

Tolls and compensation may be collected. — See Kerr's Cyc.
C. C. § 465 subd. 8 and note.



§490. RAILROAD TICKETS ENTITLE PURCHASER TO
WHAT. PENALTY FOR FAILURE TO PROVIDE SUCH
TICKETS. Every railroad corporation must provide, and on
being tendered the fare therefor fixed, as provided in the pre-
ceding section, furnish to every person desiring a passage on
their passenger-cars a ticket, which entitles the purchaser to
a ride, and to the accommodations provided on their cars,
from the depot or station where the same is purchased to any
other depot or station on the line of their road. Every such
ticket entitles the holder thereof to ride on their passenger-
cars to the station or depot of destination, or any interme-
diate station, and from any intermediate station to the depot
of destination designated in the ticket, at any time within
six months thereafter. Any corporation failing so to provide
and furnish tickets, or refusing the passage which the same
calls for when sold, must pay to the person so refused all
actual damages caused thereby, with reasonable counsel fees
expended in recovering same.

History: Enacted March 21, 1872; amended March 23, 1901,
Stats, and Amdts. 1900-1, p. 600.

See Kerr's Cyc. C. C. for 9 pars, annotation.

105 C. 526, 537 (construed and applied), 540 (referred to in
dis. op.), 542-556 (construed together with §489), 38 P. 94, 109,
722. 28 L. 773; 132 C. 408, 411, 413, 416, 418, 420, 64 P. 572 (con-
strued and applied); 144 C. 182, 188, 77 P. 894 (construed with
reference to rates and limited tickets).

As to many miscellaneous matters as to corporations, see note.
§ 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

Scalper's Ticket. — 45 A. R. 380; see 5 Encyc. L. 490, to the
effect that ordinary scalper's ticket is good.

329



§§ 491-493 CIVIL CODE3. [Div.I.Pt.IV.

§491. QUALITY OF RAIL TO BE USED. All railroads,
other than street railroads and those used exclusively for
carrying freight or for mining purposes, built by corporations
organized under this chapter, must be constructed of the best
quality of iron or steel rail, known as T or H rail, or other
pattern of equal utility.

History: Enacted March 21, 1872, founded upon § 57 Act May
20, 1861, Stats. 1861, p. 627; amended March 30, 1874, Code Amdts.
1873-4, p. 212.

132 C. 677, 678, 64 P. 1065 (referred to by the court in con-
nection with other sections).

See Kerr's Cyc. C. C. § 481 and note par. 15.

As to many miscellaneous matters as to corporations, see
note § 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

§492. ELEVATED OR UNDERGROUND RAILROADS.
WHO MAY GRANT FRANCHISE. The legislative or other
body to whom is intrusted the government of the county, city
and county, city, or town, under [1] such regulations, restric-
tions, and limitations, and [2] upon such terms and payment
of license tax as the county, city and county, city, or town
authority may provide, may grant franchises for the construc-
tion of elevated or underground railroad tracks over, aci-oss,
or under the streets and public highways Of any such county,
city and county, city, or town, for the term not exceeding
fifty years;

[Petition — By whom signed.] Provided, that before grant-
ing such franchise there shall be presented to such legislative
or other body a petition signed by the owners of a majority
of the landed property, other than public property, on the line
of said elevated portion applied for.

History: Enacted March 27, 1895, Stats, and Amdts. 1895, p.
241; repealed by Code Commission, Act March 16, 1901, Stats.
and Amdts. 1900-1, p. 370, held unconstitutional, see history,
§ 4 ante.

§493. TO WHAT ABOVE SECTION APPLIES. The pro-
visions of section four hundred and ninety-two shall apply

330



Tit.III,cll.III.] SALE OF FRANCHISE. § 494

to any railwaj' corporation heretofore or hereafter incorpo-
rated.

History: Enacted March 27, 1895, Stats, and Amdts. 1895, p.
242; repealed by Code Commission, Act March 16, 1901, Stats,
and Amdts. 1900-1, p. 370, held unconstitutional, see history, § 4
ante; amended March 21, 1905, Stats, and Amdts. 1905, p. 576.

§494. RAILROAD CORPORATIONS MAY SELL PROP-
ERTY AND FRANCHISES TO OTHER RAILROADS. Any

railroad corporation, person or persons, firm or corporation,
owning any railroad in this state, may sell, convey, and trans-
fer its property and franchises, or any part thereof, to any
other railroad corporation, whether organized under the laws •
of this state or of any other state or territory, or under any
act of congress; and any other such railroad corporation
receiving such conveyance may hold and operate such rail-
road franchises and property within this state, build and
operate extensions and branches thereof, and thereunto exer-
cise the right of eminent domain, and do any other business
in connection therewith, as fully and effectually to all intents
and purposes as if such corporation were organized under
the laws of this state;

[Terms and conditions of sale.] Provided, that before such
sale, conveyance, or transfer shall become operative, an
■ agreement in writing must be executed by the parties thereto,
containing the terms and conditions of the purchase and sale,
and its execution must be authorized by the board of direc-
tors and ratified by three-fourths of the stockholders of each
of the railroad companies that are parties to such conveyance
and transfer, and said agreement or conveyance shall be
recorded in each county through which said road or roads
pass in this state; and

[Not relieved from debts inenrred.] Provided further, that
no sale, conveyances, or transfer under this act shall relieve
the franchise or property sold, conveyed, or transferred, from
the liability of the grantor contracted or incurred in the oper-
ation, use, or enjoyment of such franchise or any of its priv-
ileges;

331



§ 494 CIVIL CODE. [Div.I.Pt.IV.

[Competing roads shall not be purchased.] Provided, that
this section shall not authorize any corporation to purchase
any railroad property operated in competition with it;

[Fares and toll shall not be increased. When lowered can-
not be raised.] And provided further, that any or all estab-
lished rates for fares and tolls for carrying passengers or
freight between any points upon any railroad purchased under
the provisions of this act, shall not be increased without the
consent of the governmental authority in which is vested by
law the power to regulate fares and freights; and provided
further, that whenever a railroad corporation, which has
purchased any line of road under this act, shall for the pur-
poses of competing with any other common carrier lower its
rates for transportation of passengers or freight from one
point to another upon such line purchased, such reduced rates
shall not be again raised or increased from such standard
without the consent of the governmental authority in which
shall be vested the power to regulate fares and freights;
and

[Penalty for violation. Duty of attorney-general.] Pro-
vided further, that for every violation of the provisions of
this act on the part of directors or governing officers of said
corporation, the state shall be entitled to recover from such
offending railroad company the sum of ten thousand dollars.
It is hereby declared to be the duty of the attorney-general
of the state, in the event of any such violation, to demand and
collect from such company the said penalty; and he is hereby
authorized and empowered to prosecute all the necessary
actions in the name of the people of the state of California
against such company in the courts of the state. All money
so collected shall be paid into the general fund of this state.

History: Enacted Feb. 27, 1903, Stats, and Amdts. 1903, pp.
50-51.

3 C. A. 668, 680, 87 P. 27 (this section relates exclusiyely to
sales and transfers of property of one railroad company to
another railroad company).

As to many miscellaneous matters as to corporations, see
note § 283, ante.

332,



Tit.III,ch.III.] SALE OF FRANCHISE. § 494

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

Prior legislation covering- the same ground, with same num-
ber to section, in almost the same language, was enafcted
March 22, 1899; the latter enactment made no reference to the
former; to remedy this anomalous condition the last session
of the legislature passed an act repealing the former of these
two sections 494 in the following terms: "Section four hundred
and ninety-four of the Civil Code, as approved March 22, 1899,
is hereby repealed; provided, that nothing in this act contained
shall be deemed to repeal any of the provisions of section 494
of said code as approved February 27, 1903." See Stats, and
Amdts. 1905, p. 576.



333



§ 497 CIVIL CODE. [Div.I,Pt.IV.

TITLE IV.
STREET RAILROAD CORPORATIONS.

§ 497. Railway tracks. How authority is obtained to lay. Pro-
pelling- pow'er. Limitations and restrictions.

§ 498. Limitations and restrictions. Manner of laying tracks.

§ 499. Two lines of street railway may use same tracks.

§ 500. Crossing tracks. Obstructions.

§ 501. Rates of fare on street-cars. [Manner of construction
of street-cars.] Penalty.

§ 502. Time allowed for commencing and completing work.
Penalty. Extension of time.

§ 503. May make further regulations and rules.

§ 504. Penalty for overcharging.

§ 505. Street railroads must furnish tickets. Penalty.

§ 506. Proof of agency.

§ 507. Reserved rights.

§ 508. License to be paid to city or town.

§ 509. Track for grading purposes. [Time may remain.]

§ 510. Law governing street railroads.

§ 511. Title applicable to natural persons alike with corpora-
tions.

§497. RAILWAY TRACKS. HOW AUTHORITY IS
OBTAINED TO LAY. PROPELLING POWER. LIMITA-
TIONS AND RESTRICTIONS. Authority to lay railroad
tracks through the streets and public highways of any incor-
porated city, city and county, or town, may be obtained for a
term of years not exceeding fifty, from the trustees, council,
or other body to whom is intrusted the government of the
city, city and county, or town, under such restrictions and
limitations, and upon such terms and payment of license tax,
as the city, city and county, or town authority may provide.

[Motive power.] In no case must permission be granted
to propel cars upon such tracks otherwise than by electricity,
horses, mules, or by wire ropes running under the streets
and moved by stationary engines, unless for special reasons
in this title hereinafter mentioned; provided, however, that
such board or body in granting the right, or at any time after
the same is granted, to use electricity or any other of said
modes, shall have power to impose such terms, restrictions,

334



Tit. IV.] LAYING TRACKS— POWER. § 497

and limitations as to the use of streets and the construction
and mode of operating such electric and other roads as may,
by such board or body, be deemed for the public safety or _
welfare.

History: Enacted March 21, 1872, founded upon § 1 Act March
29, 1870, Stats. 1869-70, p. 481; amended March 3, 1876, Code
•Amdts. 1875-6, p. 76; Feb. 25, 1891, Stats, and Amdts. 1891, p. 12;
amended by Code Commission, Act March 16, 1901, Stats, and
Amdts. 1900-1, p. 370, held unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 81 pars, annotation.
57 C. 160, 167 (construed and applied), 175 (construed), 176
(construed), 177 (construed with §499); 78 C. 360, 365, 20 P.
740 (miscited for §487); 90 C. 37, 38, 39, 27 P. 61 (construed
and applied); 91 C. 338, 340, 27 P. 673, 674 (construed); 91 C.
449, 454, 25 A. S. 201, 27 P. 768, 770, 13 L. 754 (construed and
applied); 105 C. 87, 92-94, 38 P. 530 (construed and applied);
117 C. 604, 611 (construed and applied), 616 (cited in dis. op.),
49 P. 736; 132 C. 677, 678, 64 P. 1065 (cited by error for §797);
142 C. 222, 228, 75 P. 575 (a franchise can be obtained only
throug-h action of the council or g-overning- body of the. mu-
nicipality).

As to how far street-railroad company is . entitled to right
of way over other vehicles, see 25 A. S. 477.

As to license tax, see Kerr's Cyc. C. C. § 5»8 and note.
As to many miscellaneous matters as to corporations, see note
§ 283, ante.

Same — As to railroads generally, see note § 454, ante.
As to municipal power to impose conditions on giving con-
sent to street railroads, see 36 L. 33-36.

As to nature of interest of street-railway company in streets,
see 25 A. S. 476.

As to right of elevated railroad in street, see 25 A. S^ 479.
As to railroad company's rights in streets, see 34 A. S. 684.
As to right to adopt new improvements, see 25 A. S. 479.
As to right to construct railway in street without compen-
sation to abutting landowners, see 25 A. S. 478.

As to right to maintain switches and turnouts, see 25 A. S.
478.

As to street-railroad being an additional servitude, see 30
A. S. 775.

As to street-railroad corporations, rig-hts, duties, and obli-
gations with respect to streets, see 25 A. S. 475.

As to street railroads being subject to municipal regulations,
see 25 A. S. 479.

As to what extent street railroads are public highways, see
25 A. S. 476.

335



§ 497 CIVIL CODE. [Div.I,Pt,IV.

STREET-RAILROADS — GENERALLY.

Abutting owner — Remedy of as affected by his consent to
construction.— See 7 L. N. S. 991.

Same — ^Right as affected by track close to sidewalk. — See
1 L. N. S. 981.

Acquiring right of way. — See 2 L. 255.

Additional servitude in street — What constitutes. — See 2 A. C.
535; 28 A. S. 235; 47 A. S. 272; 4 L. N. S. 202.

Allegations of negligence of, generally, sufliciency of. — See
59 L. 238.

Authority to use streets. — See 1 L. 493.

Baggage — Street-railway as carrier of passenger's effects. —
See 9 A. C. 201.

Cable line, care in operation of required. — See 7 L. 819.

Child — What acts of, in attempting to cross street-car tracks,
are negligence, as matter of law. — See 11 L. N. S. 166.

Compelling operation of. — See 24 L. 564.

Construction of electric road, appropriation of right of way. —
See 8 L. 173.

Contributory negligence — As affecting liability of. — See 34 L.
486; 9 L. N. S. 244; 11 L>. N. S. 166; 5 L. N. S. 1081.

Same — As matter of law, in walking with due care upon
track laid in public street. — See 9 L. N. S. 244.

Crossing railroad without compensation. — See 29 L. 485.

Differences of degree of care required of persons crossing
electric or street-«ailroad tracks in city or country districts. —
See 10 A. C. 336.

Distinction between street-railroads and commercial rail-
roads. — See 4 A. S. 449.

Dogs on track, duties of company as to. — See 6 L. N. S. 911.

Driver of vehicle has right to assume that motorman will
give him time to cross track. — See 5 L. N. S. 1081.

Duty — And liability — As carriers of baggage. — See 9 A. C.
201.

Same — Same — As to vehicle moving along its tracks. — See 7
A. C. 1127.

Same — Same — Of in reference to placing signal lights on
cars. — See 10 A. C. 605.

Same — Of pedestrian to stop, look and listen before crossing
street-railroad tracks. — See 3 A. C. 334; also note § 454, ante.

Same — ^Of, with respect to dogs on track. — See 6 L. N. S. 911.

Same — Rights and obligations of with respect to streets. —
See 25 A. S. 475.

Same — To avoid children on track. — See 25 L. 663.

Same — To avoid interference with extinguishment of fires. —
See 12 L. N. S. 382.

Same — To keep in repair portion of street occupied by its

336



Tit. IV.] STREET-RAILWAYS— GENERALLY. § 497

right of way in absence of contract or statutory requirement. —
See 7. A. C. 381.

Franchise, nature and extent of. — See 9 A. C. 683.

Frightening of horses — ^By street cars, generally. — See 34 L.
482.

Same — By bells, gongs and whistles. — See 34 L. 485.

Headlights on street-cars, necessity of. — See 26 L. 300.

Injuries — By collision with vehicle or horses. — See 25 L. 508.

Same — To children, as to liability for. — See 7 A. C. 241.

Liability of — For defect in track or street. — See 52 L. 448-463.

Same — For injury by negligence of servant in charge of
cars. — See 'lO L. N. S. 390.

Same — For paving assessment. — See 46 L. 193.

Same — For unskillfulness or negligence in constructing road
in street. — See 3 L. 176.

Motive power that may be used. — See 8 L. 539; 10 L. 176; 2
L. N. S. 138.

Municipal control over — As a nuisance. — See 39 L. 609.

Same — As to fares. — See 19 L. 570.

Same — Effect of ordinance concerning liability for injury to
pedestrian. — See 13 L. 74.

Same — Ordinances — Concerning liability for injury to pedes-
trians, effect of. — See 13 L. 74.

Same — Same — Requiring conductor, validity of. — See 15 L.
604.

Same — Power to compel change of grade in street. — See 70
L. 850.

Same — Power to impose conditions when giving consent to
railroad in street. — See 36 L. 33.

Same — Power to make and enforce regulations respecting the
protection of the public. — See 104 A. S. 636.

Same — Regulation of carriage of passengers by. — See 19 L.
570.

Nature and extent of franchise.— See 9 A. C. 683.

Operation of cars in violation of luunieipal ordinances as neg-
ligence per se. — See 9 A. C. 840.

Organization of. — See 9 A. C. 683.

Passengers, duties and liabilities of to. — See 118 A. S. 461.

Power of municipality — To compel cliange of grade of rail-
way in street. — See 70 L. 850.

Same — To impose conditions when giving consent to railroad
in street. — See 36 L. 33.

Privilege of using street, as a contract within provision
against impairing obligations. — See 50 L. 143.

Regulation and control of. — See 10 A. C. 601.

Remedy of abutting owners as affected by consent to con-
struction. — See 7 L. N. S. 991.

337



§ 498 CIVIL CODE. [Div.I.PtlV.

Removal of obstruction from tracks, right to make. — See 1
A. C. 217, 219.

Right — Of abutting owners as affected by track close to side-
walk.— See 1 L. N. S. 981.

Same — Of motorman to assume that no one will attempt to
cross track so close in front of car as to render collision prob-
able.— See 5 L. N. S. 1059.

Same — To construct, as a franchise. — See 2 L. 55.

Same- — To use electricity as motive power. — See 5 A. C. 53.

Rules and regulations, right to make and enforce. — See 10 A.
C. 273.

Running car at speed in excess of that prescribed by ordi-
nance, as negligence. — See 8 L. N. S. 1093.

Street-car transfer — As to right of company to limit time
or point of transfer. — See 8 L. N. S. 287.

Same — Rights and duties of passengers receiving defective. —
See 7 L,'. N. S. 97; 9 L. N. S. 851.

Same — Validity of regulation of, requiring passenger to pay
fare in case of dispute. — See 2 L. N. S. 695.

Street improvement — Liability for paving assessment. — See
46 L. 193.

Ultra vires, defense of is not available of in favor of, in ac-
tion for negligence. — See 52 A. R. 358.

Violating ordinance as to operation, as ground for private
action. — See 5 L. N. S. 186.

Walking on track of, as contributory negligence. — See 10 A.
C. 947.



§498. LIMITATIONS AND RESTRICTIONS. MANNER
OF LAYING TRACKS. The city or town authorities, in
granting the right of way to street-railroad corporations, in
addition to the restrictions which they are authorized to
impose, must require a strict compliance with the following
conditions, except in the cases of prismoidal or other elevated
railways. In such cases, said railway shall be required to be
constructed in such a manner as will present the least
obstruction to the freedom of the streets on which it may be
erected, when allowed by the granting power:

1. To construct their tracks on those portions of streets
designated in the ordinance granting the right, which must
be as nearly as possible in the middle thereof.

2. To plank, pave, or macadamize the entire length of the
street, used by their track, between the rails, and for two

338



Tit. IV.] TWO LINES ON ONE TRACK. § 499

feet on each side thereof, and between the tracks, if there be
more than one, and to keep the same constantly in repair,
flush with the street, and with good crossings.

3. That the tracks must not be more than five feet wide
within the rails, and must have a space between them suffi-
cient to allow the cars to pass each other freely.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 212; April 3, 1876, Code Amdts. 1875-6,
p. 77; amended by Code Commission, Act March 16, 1901, Stats.
and Amdts. 1900-1, p. 371, held unconstitutional, see history,
§ 4 ante.

See Kerr's Cvc. C. C. for 20 pars, annotation.

57 C. 515, 518 (construed); 87 C. 597, 599, 25 P. 765 (con- •
strued and applied); 89 C. 304, 309, 26 P. 885, 887 (construed);
91 C. 449, 454, 25 A. S. 201, 27 P. 768, 770, 13 L. 754 (referred
to with other sections); 146 C. 635, 638, SO P. 1076 (a resolu-
tion of intention to improve a street is not invalid because it
excepts such portion of the street, occupied by a railroad com-
pany, as the law requires the company to keep in order at its
own expense).

As to duty of company to keep tracks in repair, remove
snow, and exercise care over and pave streets, see 25 A. S.
477-482.

As to liability of street-railway company for defects in track
or street, see 52 L. 448-463. .

As to liability of street railway company for paving assess-
ment, see 46 L. 193-203.

As to many miscellaneous matters — As to corporations gen-
erally, see note § 283, ante.

Same — As to railroads generally, see note § 454, ante.

Same — As to street-railroads, see note § 497, ante.

As to prismoidal railways, see Kerr's Cyc. C. C. I 498, intro-
ductory note.

§499. TWO LINES OF STKEET RAILWAY MAY USE
SAME TRACK. Two or more lines of street railway, operated
under different managements, may by lease or contract, use
the same street or tracks upon such terms as may have been
agreed upon between the companies operating such railways;
and two lines of street railway operated under different man-
agements may be permitted to use the same street or tracks
for a distance of five blocks without such lease or contract,

339



§499 CIVIL CODE. [Div.I.Pt.IV.

upon payment of an equal portion for the construction of
the tracks and appurtenances used by such railways jointly;

[Extent to i^hich may be used.] But in no case shall a
company owning or operating one line of street railway be
permitted to condemn the right to occupy and use the same
street or tracks for a distance of more than five blocks con-
secutively.

[Lines of different gage.] Where such portion of such
street shall be occupied by a track or tracks of a different
gage from the track or tracks proposed to be constructed
thereon by a line of street railway under a different manage-
ment, such last-mentioned line of street railway may never-
theless construct its track or tracks, subject to the limitation
before prescribed, over the same ground as may be occupied
by such prior track or tracks, provided the same can be so
constructed as not to interfere with the operation of such
prior track or tracks beyond such necessary interference
therewith as shall be incident to such construction with rea-
sonable skill, care and diligence.

HLstory: Enacted March 21, 1872; amended Feb. 25, 1891,
Stats, and Amdts. 1891, p. 13; amended March 21, 1907, Stats,
and Amdts. 1907, p. 837, Kerr's Stats, and Amdts. 1906-7, p. 415.
In effect immediately.

See Kerr's Cyc. C. C. for 23 pars, annotation.

54 C. 74, 75 (construed and applied); 57 C. 160, 168 (construed
and applied), 170, 177 (cited in dis. op.); 91 C. 449, 452, 454, 25 A.
S. 201, 27 P. 768, 13 L. 754 (construed and applied); 115 C. 285,
297, 47 P. 60 (cited in discussion); 129 C. 180, 182, 183, 61 P. 912
(construed and applied); 135 C. 654, 659, 67 P. 1086 (referred
to in discussion); 156 F. 455, 457 (construed as to power of
city to grant to two companies, having railway tracks of
different width, the right to operate their cars on the same



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