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§ 2065. Embezzlement and injuries [repealed].

§ 2066. Law governing seamen.

§2048, MATE, WHAT. The mate of a ship is the officer
next in rank to the master, and in case of the master's dis-
ability he must take his place. By so doing he does not lose
any of his rights as mate.

History: Enacted March 21, 1872.

§2049. SEAMEN, WHAT. All persons employed in the
navigation of a ship, or upon a voyage, other than the mas-
ter and mate, are to be deemed seamen within the provisions

of this code.

History: Enacted March 21, 1872.

As to mate succeeding master by virtue of his office, see
Kerr's Cyc. C. C. § 2048, note.

§ 2050. MATE A>D SEAMEN, HOW ENGAGED AND DIS-
CHARGED. The mate and seamen of a ship are engaged by
the master, and may be discharged by him at any period of

1075



§§ 2051-2054 CIVIL CODE. [Div.III.Pt.IV.

the voyage, for wilful and persistent disobedience or gross
disqualification, but cannot otherwise be discharged before
the termination of the voyage.

HLstory: Enacted March 21, 1872.

§2051. UNSEAWORTHY VESSEL. A mate or seaman is
[are] ul/l bound to go to sea in a ship that is not seaworthy;
and if there is reasonable doubt of its seaworthiness, he may
refuse to proceed until a proper survey has been had.

History: Enacted March 21, 1872.

As to seaworthiness, see Kerr's Cyc. C. C. §§ 2051, 2682 and
notes.

§2052. SEAMEN NOT TO LOSE UAGES OR LIEN BY
AGREEMENT. A seaman cannot, by reason of any agree-
ment, be deprived of his lien upon the ship, or of any remedy
for the recovery of his wages to which he would otherwise
have been entitled. Any stipulation by which he consents
to abandon his right to wages in case of the loss of the ship,
or to abandon any right he may have or obtain in the nature
of salvage, is void.

HLstory: Enacted March 21, 1872.

As to wag-es in case of loss of ship, see post § 2059.

§ 2053. SPECIAL AGREEMENT WITH SEAMEN. No spe-
cial agreement entered into by a seaman can impair any of
his rights, or add to any of his obligations, as defined by law,
unless he fully understands the effect of the agreement, and
receives a fair compensation therefor.

HLstory: Enacted March 21, 1872.

§2054. WAGES DEPEND ON FREIGHTAGE. Except as
hereinafter provided, the wages of seamen are due when, and
so far only as, freightage is earned, unless the loss of freight-
age is owing to the fault of the owner or master.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

1076



Tit.VI,ch.II,art.V.] WAGES. §§ 2055-2059

§2055. WHEX WAGES, ETC., BEGI>. The right of a
mate or seaman to wages and provisions begins either from
the time he begins work, or from the time specified in the
agreement for his beginning work, or from his presence on
board, whichever first happens.

History: Enacted March 21, 1872, founded upon 13 and 14
Vic, c. 93, § 56.

§2056. WAGES, WHERE VOYAGE IS BROKEN UP BE-
FORE DEPARTURE. Where a voyage is broken up before
departure of the ship, the seamen must be paid for the time
they have served, and may retain for their indemnity such
advances as they have received.

Hi.story: Enacted March 21, 1872, modified from Code de Com.
art. 252.

§2057. WRONGFUL DISCHARGE. When a mate or sea-
man is wrongfully discharged, or is driven to leave the ship
by the cruelty of the master on the voyage, it is then ended
with respect to him, and he may thereupon recover his full

wages.

History: Enacted March 21, 1872.

As to cruelty of master, see Kerr's Cyc. C. C. § 2057, note.

§ 2058. WAGES, WHEN >0T LOST BY W RECK. In case
of loss or wreck of the ship, a seaman is entitled to his wages
up to the time of the loss or wreck, whether freightage has
been earned or not, if he exerts himself to the utmost to save
the ship, cargo, and stores.

History: Enacted March 21, 1872, substantially same as Stats.
7 and 8 Vic, c. 112, § 17.

For Commissioners' Comment on this section, see Kerr's Cyc.
C. C. § 2058, note.

§ 2059. CERTIFICATE. A certificate from the master or
chief surviving officer of a ship, to the effect that a seaman
exerted himself to the utmost to save the ship, cargo, and
stores, is presumptive evidence of the fact.

History: Enacted March 21, 1872.

1077



§§ 2060-2064 CIVIL CODE. [Div.III.Pt.IV.

§2060. DISABLED SEAMAN. Where a mate or seaman
is prevented from rendering service by illness or injury,
incurred without his fault in the discharge of his duty on the
voyage, or by being wrongfully discharged, or by a capture
of the ship, he is entitled to wages notwithstanding; but in
case of a capture, a ratable deduction for salvage is to be
made.

History: Enacted March 21, 1872.

§ 2061. MAIISTENANCE OF SEAMEX DURING SICKNESS.

If a mate or seaman becomes sick or disabled during the voy-
age, without his fault, the expense of furnishing him with
suitable medical advice, medicine, attendance, and other pro-
vision for his wants, must be borne by the ship till the close
of the voyage.

History: Enacted March 21, 1872.

§ 2062. DEATH ON THE VOYAGE. If a mate or seaman
dies during the voyage, his personal representatives are enti-
tled to his wages to the time of his death, if he would have
been entitled to them had he lived to the end of the voyage.

History: Enacted March 21, 1872.

As to death during voyage of seaman on monthly wage, see
Kerr's Cyc. C. C. § 2062, note.

§2063. THEFT, ETC., FORFEITS WAGES. Desertion of
the ship without cause, or a justifiable discharge by the mas-
ter during the voyage, for misconduct, or a theft of any part
of the cargo or appurtenances of the ship, or a wilful injury
thereto or to the ship, forfeits all wages due for the voyage
to a mate or seaman thus in fault.

History: Enacted March 21, 1872.

§ 2064. SEAMAN CANNOT SHIP GOODS. A mate or sea-
man may not, under any pretext, ship goods on his own
account without permission from the master.

History: Enacted March 21, 1S72, founded upon Code de Com.
art. 251.

1078



Tit.VI,ch.II,art.VI-] MANAGER. §§ 2065-2072

§2065. EMBEZZLEMENT AND INJURIES (repealed).

History: Enacted March 21, 1872; repealed March 30. 1874,
Code Amdts. 1873-4, p. 247.

§2066. LAW GOVERNING SEAMEN. The shipment of
officers and seamen, and their rights and duties, are further
regulated by acts of Congress.

History: Enacted March 21, 1872.

ARTICLE VI.

SHIP'S MANAGERS.

§ 2070. Manager, what.

§ 2071. Duties of manager.

§ 2072. Compensation.

§2070. MANAGER, WHAT. The general agent for the
owners, in respect to the care of a ship and freight, is called
the manager. If he is a part owner, he is also called the
managing owner.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

121 C. 564, 569, 570, 66 A. S. 65, 54 P. 89 (referred to).

§ 2071. DUTIES OF MANAGER. Unless otherwise directed,
it is the duty of the manager of a ship to provide for the com-
plete seaworthiness of a ship; to take care of it in port; to
see that it is provided with necessary papers, with a proper
master, mate, and crew, and supplies of provisions and stores.

History: Enacted March 21, 1872.

121 C. 564, 569, 66 A. S. 65, 54 P. 89 (construed with other sec-
tions).

§ 2072. COMPENSATION. A managing owner is presumed
to have no right to compensation for his own services.

History: Enacted March 21, 1872.



1079



§§ 2078, 2079 CIVIL CODE. [Div.III,Pt.IV.

CHAPTER III.

SERVICE WITHOUT EMPLOYMENT.

§ 2078. Voluntary interference with property.
§ 2079. Salvage.

§207s. VOMXTARY INTERFERENCE WITH PROP-
ERTY. One who officiously, and without the consent of the
real or apparent owner of a thing, takes it into his possession
for the purpose of rendering a service about it, must com-
plete such service, and use ordinary care, diligence, and rea-
sonable skill about the same. He is not entitled to any com-
pensation for his service or expenses, except that he may
deduct actual and necessary expenses incurred by him about
such service from any profits which his service has caused the
thing to acquire for its owner, and must account to the owner
for the residue.

History: Enacted March 21, 1872.

As to employment without reward, see Kerr's Cyc. C. C.
§§ 1975 et seq. and notes.

As to gratuitous carriers, see post § 2089.

As to gratuitous services, and what are deemed to be such,
see 53 A. D. 306.

§ 2079. SALVAGE. Any person, other than the master,
mate, or a seaman thereof, who rescues a ship, her appurte-
nances or cargo, from danger, is entitled to a reasonable com-
pensation therefor, to be paid out of the property saved. He
has a lien for such claim, which is regulated by the title on
liens; but no claim for salvage, as such, can accrue against
any vessel, or her freight, or cargo, in favor of the owners,
officers, or crew of another vessel belonging to the same
owners; but the actual cost[s] at the time of the services ren-
dered by one such vessel to another, when in distress, are
payable through a general average contribution on the prop-
erty saved.

HLstory: Enacted March 21, 1872; amended March 30, 1874.
Code Amdts. 1873-4, p. 247; amended by Code Commission Aqt
March 16, 1901, Stats, and Amdts. 1900-1, p. 413, held unconstitu-
tional, see history, § 4 ante.

1080



Tit III.ch.L] CARRIAGE, CONTRACT. § 2085

TITLE VII.

CARRIAGE.

Chapter I. Carriage in General, §§ 2085-2090.

II. Carriage of Persons, §§ 2096-2104.

III. Carriage of Property, §§ 2110-2155.

IV. Carriage of Messages, §§ 2161, 2162.
V. Common Carriers, §§2168-2209.



CHAPTER I.

CARRIAGE IN GENERAL.

§ 2085. Contract of carriage.

§ 2086. Different kinds of carriers.

§ 2087. Marine and inland carriers, what.

§ 2088. Carriers by sea.

§ 2089. Obligations of gratuitous carriers.

§ 2090. Obligations of gratuitous carrier wlio has begun to carry.

§ 2085. COMRACT OF CARRIAGE. The contract of car-
riage is a contract for the conveyance of property, persons, of
messages, from one place to another.

Hi-story: Enacted March 21, 1872.

As to bills of lading, see Kerr's Cyc. C. C. §§ 2126 et seq. and

As to carriers of messages, see Kerr's Cyc. C. C. §§2161, 2162

and notes. ,

As to carriage of persons witliout reward, see Kerr s Cyc.

C. C. § 2096 and note.

As to change of liability of carrier of property from that of
carrier to warehouseman, and requirement of notice to con-
signee on arrival of freight for that purpose, see Kerr's Cyc.
C. C. § 2120 and note. ^

As to common carriers generally, see Kerr's Cyc. C. C. H -168-
2177 and notes.

As to common carriers of persons, see Kerr's Cyc. C. C. §§ 2096,
2100, 2180-2191 and notes.

As to common carriers of property, liability, etc., see Kerr s
Cyc C C §§ 2114, 2168, 2194 et seq. and notes.

1081



§§ 2086, 2087 CIVIL CODE. [Div.III,Pt.IV.

As to duties and obligations of carriers of persons for reward,
see Kerr's Cyc. C. C. §§ 2100-2104 and notes.

As to duties and obligations of carriers of property for
reward, see Kerr's Cyc. C. C. §§ 2114-2121 and notes.

As to freightage, liens therefor, etc., see Kerr's Cyc. C. C.
§§ 2110, 2136-2144 and notes.

As to general average, see Kerr's Cyc. C. C. §§ 2148-2155 and
notes.

As to iumud cf rriers in general, see Kerr's Cyc. C. C. §§ 2096,
2100, 2114, 2168 and notes.

As to limitations of common carriers' liability, see Kerr's
Cyc. C. C. §§ 2174, 2175, 2176, and 2200 and notes.

As to marine carriers, see Kerr's Cyc. C. C. §§ 2088, 2100, 2168
and notes.



§2086. DIFFERENT KINDS OF CARRIERS. Carriage is
either:

1. Inland; or,

2. Marine.

History: Enacted March 21, 1872.

As to inland carriers in general, see references ante § 2085.
As to marine carriers in general, see Kerr's Cyc. C. C. § 2085
and note, and post § 2088.

§ 2087. MARINE AND INLAND CARRIERS, WHAT. Car-
riers upon the ocean and upon arms of the sea are marine
carriers. All others are inland carriers.

History: Enacted March 21, 1872.

As to apportionment of losses caused by collision of marine
carriers, see Kerr's Cyc. C. C. § 973 and note.

As to bottomry contracts, see Kerr's Cyc. C. C. §§ 2017 et seq.
and notes.

As to bridge, ferry, wharf, chute, and pier corporations, see
Kerr's Cyc. C. C. §| 528 et seq. and notes.

As to carriers by land, see 47 A. D. 650.

As to compensation for salvage, see Kerr's Cyc. C. C. § 2079
and note.

As to duties and authority of shipmasters, see Kerr's Cyc.
C. C. §§ 2034-2044 and notes.

As to duties of shipmasters, see Kerr's Cyc. C. C. §§ 2034-2044
and notes.

As to embezzlement of property by carriers, see Kerr's Cyc.
Pen. C. § 505 and note.

1082



Tit.VII,ch.L] CARRIER BY SEA. § 2088

As to jettison and general average, see Kerr's Cyo. C. C.
§§ 2048-2055 and notes.

As to laws governing seamen, see Kerr's Cyc. C. C. §§ 2048-
2066, 2088 and notes.

As to liability of marine carriers, see Kerr's Cyc. C. C. § 2197
and note.

As to liability and duties of shipmasters and pilots, see Kerr's
Cyc. C. C. §§ 2373-2385 and notes.

As to marine insurance, see Kerr's Cyc. C. C. §§ 2655 et seq.
and notes.

As to national and state regulations in general, see Kerr's
Cyc. C. C. § 2088 and note.

As to navigation, foreign and domestic, definition of, see
Kerr's Cyc. C. C. §§ 962, 963 and notes.

As to offense by common carrier in transporting or taking
game, etc., out of state, see Kerr's Cyc. Pen. C. §§ 627a, 627b and
notes.

As to powers, etc., of ship's manager, see Kerr's Cyc. C. C.
§§ 2388, 2389 and notes.

As to registry, enrolment, and license of ships, see Kerr's
Cyc. C. C. § 966 and note.

As to respondentia contracts, see Kerr's Cyc. C. C. § 3036 and
note.

As to rules of navigation, collisions, etc., see Kerr's Cyc. C. C.
§ 970 and notes.

As to seaworthiness, definition, see Kerr's Cyc. C. C. § 2682
and note.

As to ships and shipping, definition of, see ante § 960.

As to ships as common carriers, see 47 A. D. 651, 652.

As to ship's managers and their duties, see Kerr's Cyc. C. C.
§§ 2070, 2071 and notes.

As to street railroad corporations, see Kerr's Cyc. C. C.
§§ 497-511 and notes.

As to telegraph and telephone corporations, see Kerr's Cyc.
C. C. § 536 and note.

As to wagon and road corporations, see Kerr's Cyc. C. C.
§§ 512 et seq. and notes.

As to water and canal corporations, see Kerr's Cyc. C. C.
§§ 548 et seq. and notes.

§2088. CARRIERS BY SEA. Rights and duties peculiar
to carriers by sea are defined by acts of Congress.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 34 pars, annotation.
As to charterer of vessel, when deemed owner, see U. S. Rev.
Stats. § 4286, 4 F. S. A. 851 and note.

1083



§ 2088 CIVIL CODE. [Div.III.Pt.IV.

As to Chinese Exclusion Acts, see act of Congress April 22,
1902, eh. 641, 32 Stats, at L. 176, 1 Fed. Stats. Ann. 755-758; act
of March 3, 1901, ch. 845, 31 Stats, at L. 1093; act of November
3, 1893, ch. 14, 28 Stats, at L. 7; act of May 5, 1892, ch. 60, 27
Stats, at L. 25; act of October 1, 1888, ch. 1064, 25 Stats, at L.
504; act of September 13, 1888, ch. 1015, 25 Stats, at L. 476; act
of May 6. 1882, ch. 126, 22 Stats, at L. 58, amended by act of July
5, 1884, ch. 220, 23 Stats, at L. 115, 1 F. S. A. 754-784 and notes.

As to clearance and entry of vessels, see U. S. Rev. Stats.
§§ 4197-4218; 7 F. S. A. 45-50 and notes.

As to crimes and offenses relating to concealment or destruc-
tion of invoices, evading legal duties, entry of goods upon false
classification, etc., see U. S. Rev. Stats. §§5443-5445; 2 F. S. A.
773 and notes.

As to customs duties, see Tariff Act July 24, 1897, ch. 11, 30
Stats, at L. 151, 2 F. S. A. 391; also generally U. S. Rev. Stats.
§§ 2766-3094, and act of October 1, 1-890, ch. 1244, 26 Stats, at L.
567.

As to duties of ship's managers and managing owners, see
Kerr's Cyc. C. C. §§ 2070-2072 and notes.

As to exemptions from liability for loss at sea, see Kerr's
Cyc. C. C. § 2197 and note.

As to immigration from foreign countries in general, see U.
S. Rev. Stats. §§ 2158-2164, 3 F. S. A. 290.

As to limitation of liability of masters, owners, etc., as car-
riers, see U. S. Rev. Stats. §§ 4281-4289; also act of June 26, 1884,
ch. 121, 23 Stats, at L. 57; also act of February 13, 1893, ch. 105,
27 Stats, at L. 445.

As to navigation in general, see U. S. Rev. Stats. §§ 4233-4251;
also act of March 3, 1897, ch. 389, 29 Stats, at L. 687.

As to navigation of vessels, bills of lading, and to certain
obligations, duties, and rights in connection with carriage of
property, see U. S. act of February 13, 1893, ch. 105, 27 Stats, at
L. 445.

As to quarantine regulations, see U. S. Rev. Stats. §§ 4792-4800;
also act of Congress April 29, 1878, ch. 66, 20 Stats, at L. 37; act
of August 1, 1888, ch. 727, 25 Stats, at L. 355; act of March 27,
1890, ch. 51, 26 Stats, at L. 31; act of February 15, 1893, ch. 114,
27 Stats, at L. 449.

As to registry and recording of vessels, see U. S. Rev. Stats.
§§ 4131-4196, 7 F. S. A. 10-45 and notes.

As to regulating carriage of passengers by sea, see act of
August 2, 1882, ch. 374, 22 Stats, at L. 186, amended by act of
March 2, 1889, and act of February 8, 1895, 28 Stats, at L. 643.

As to regulation of steam vessels, see U. S. Rev. Stats. §§ 4399-
4462, 7 F. S. A. 161 et seq.

As to regulation of vessels engaged in domestic commerce, see
U. S. Rev. Stats. §§ 4311-4390, 7 F. S. A. 56 et seq.

1084






Tit.VII.ch.I.] GRATUITOUS CARRIERS. §§2089,2090

As to regulation of vessels engaged in foreign commerce, see
U. S. Rev. Stats. §§ 4306-4310, 7 F. S. A. 53-55.

As to regulation for preventing collision, see act of Congress
of August 19, 1890, ch. 802, 26 Stats, at L. 320, amended act of
May 28, 1894, ch. 83, 28 Stats, at L. 82, and further amended
by act of June 10, 1896, 26 Stats, at L. 381.

As to regulations applicable to inland waters, see act of Con-
gress of June 7. 1897, ch. 4, 30 Stats, at L. 96, 2 F. S. A. 173.

As to regulation of commerce with Canada and Mexico, see
U. S. Rev. Stats. §§ 3095-3129, 2 F. S. A. 762-772 and notes.

As to remedies against masters, owners, etc., for embezzle-
ment, etc., see U. S. Rev. Stats. § 4289, 4 F. S. A. 852.

As to requirement that all ofRcers of vessels of U. S. registry
be citizens of United States, see U. S. Rev. Stats. § 1431, 5 F. S.
A. 278.

As to shipmasters, pilots and ship's managers, see Kerr's Cyc.
C. C. §§ 2373-2389 and notes.

As to state regulation of immigration, see Kerr's Cyc. Pol. C.
§§ 2949-2969 and notes.

As to transportation of nitroglycerin and other dangerous
explosives or inflammable materials, and offenses related thereto,
see U. S. Rev. Stats. §§ 4278, 4279, 4280, 4288, 5353, 5354. and
5355, 1 F. S. A. 719, 720.

As to transportation of passengers and merchandise by
marine carriers, see U. S. Rev. Stats. §§ 4463-4500, 7 F. S. A.
181-198.



§ 2089. OBLIG.VTIONS OF GR.VTlITOrS CARRIERS. Car-
riers without reward are subject to tiie same rules as em-
ployees without reward, except so far as is otherwise pro-
vided bj' this title.

History: Enacted March 21, 1872.

As to carriers of persons without reward, see Kerr's Cyc. C. C.
§ 2096 and note.

As to duties of employees without reward, see Kerr's Cyc.
C. C. §§ 1975, 1976, 1977 and notes.

As to duty of one who undertakes a service without employ-
ment, see Kerr's Cyc. C. C. § 2078 and note.

§2090. OBLIGATIONS OF GRATIITOIS CARRIER AVHO
HAS BEGUN TO CARRY. A carrier without reward, who
has begun to perform his undertaking, must complete it in
like manner as if he had received a reward, unless he restores

1085



§ 2096 CIVIL. CODE. [Div.III.Pt.IV.

the person or thing carried to as favorable a position as
before he commenced the carriage.

Hifstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to duties, etc., of mere depositary without reward, see
Kerr'r. Cyc. C. C. §§ 1844-1847 and notes.

As to liability of gratuitous bailee for safety of property, see
53 A. D. 581.

As to obligations and duties of carriers of persons for reward,
see Kerr's Cyc. C. C. § 2100 and note.

As to obligations and duties of carriers of property for
reward, see Kerr's Cyc. C. C. § 2114 and note.



CHAPTER II.

CARRIAGE OF PERSONS.

Article I. Gratuitous Carriage, § 2096.

II. Carriage for Reward, §§ 2100-2104.

ARTICLE I.

GRATUITOUS CARRIAGE OF PERSONS.

§ 2096. Degree of care required.

§ 2096. DEGREE OF CARE REQUIRED. A carrier of per-
sons without reward must use ordinary care and diligence for
their safe carriage.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

As to degrees of negligence, see 32 A. D. 502; 7 Am. R. R. &
Corp. Rep. 298, 299.

As to distinction between gross negligence and slight negli-
gence under our code with respect to transmission and delivery
of messages, etc., see Kerr's Cyc. C. C. § 2162 and note.

As to gross negligence in the carriage of persons or of prop-
erty, see Kerr's Cyc. C. C. § 2175 and note.

As to passengers carried gratuitously, in general, see 61 A. D.
109; 61 A. S. 87, 89; 5 L. 820, 7 Am. R. R. & Corp. Rep. 299, and
note 31 C. C. A. 157, 164.

1086



i



Tit.VII,ch.II,art.II.] OP PASSENGERS. § 2100



ARTICLE II.

CARRIAGE FOR REWARD.

I 2100. General duties of carrier.

§ 2101. Vehicles.

§ 2102. Not to overload his vehicle.

§ 2103. Treatment of passengers.

§ 2104. Rate of speed and delays.

§2100. GENERAL DUTIES OF CARRIER. 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.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 207 pars, annotation.

63 C. 431, 433 (construed and applied); 89 C. 399, 405, 26 P.
894, 895 (construed and applied); 137 C. 280, 281, 92 A. S. 171,
174, 70 P. 169 (construed and applied); 147 C. 178, 182, 81 P. 531;
150 C. 741, 745, 746, 90 P. 125 (section, in substance, embodies
pre-existing- law); 151 C. 534, 537, 91 P. 481 (what instruction
is equivalent, and no more than equivalent, of rule announced
by this section); 4 C. A. 745, 747, 89 P. 367 (applied).

CARRIERS OF PASSENGERS.

As to accidents due to "act of God," etc., and presumption
relating thereto, see Kerr's Cyc. C. C. §1511, note pars. 2-13;
§ 2194 and note: also note § 2114, post.

As to action for death of child not passenger, see Kerr's Cyc.
C. C. P. §§ 376, 377 and notes.

As to admission of testimony of physicians or surgeons in
case of injury due to negligence of carrier, see Kerr's Cyc. C.
C. P. § 1881 subd. 4 and note.

As to admissions made as affecting liability for negligence,
see Kerr's Cyc. C. C. P. § 1870 subd. 2 and § 2061 subd. 4 and
notes.

As to baggage, see note § 2180, post.

As to carrier's liability for injury or death of employee, see
Kerr's Cyc. C. C. §§ 1969-1971 and notes.

As to carriers not liable as insurers of life or safety of pas-
sengers, see 2 L. 252.

As to carriers not liable for injuries resulting from inevitable
accident, see 2 L. 252.

1087



§ 2100 CIVIL CODE. [Div.IIl'.Pt.IV.

As to children jumping on and off trains in motion, see 21 L.
355, 356.

As to common carrier's liability for torts to passengers, see

I L. 143; 3 L. 635, 636; 12 L. 113; 12 L. 337-339; 14 L. 737-740.
As to complaint in action for damages for wrongful expulsion,

see Kerr's Cyc. C. C. § 2188 and note.

As to connecting lines, negligence of connecting carriers,
etc., s^e Kerr's Cyc. C. C. § 2201 and note.

As to damages arising from deviation from route, delays,
etc., see Kerr's Cyc. C. C. § 2104 and note.

As to damages for death of person not minor, and recovery
thereof by personal representative, see Kerr's Cyc. C. C. P. § 377
and note. ,

As to damages for injuries received while waiting for train,
see Kerr's Cyc. C. C. § 3333 and note.

As to damages for wrongful expulsion, see Kerr's Cyc. C. C.
§ 2188 and note.

As to damages, measure of, for death of child not passenger,
see Kerr's Cyc. C. C. § 3333 and note.

As to defects in vehicles, machinery, etc., see Kerr's Cyc. C.
C. § 2101 and note.

As to detriment caused by breach of carrier's obligation to
accept passengers, etc., see Kerr's Cyc. C. C. § 3315 and note.

As to discrimination against persons on account of race or
color, see 11 A. S. 651.

As to distinction in liability between carriers of goods and
passenger carriers, see 2 L. 84 and 252.



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