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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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pens, see 2 L. 75; 4 L. 545;' 10 L. N. S. 571.

Sanifc -Same — As to fences or gates at stations. — See 4 L.
289-296.

Same — Same — As to loading live stock. — See 13 L. 262.

Same — Same — As to shipment of stock. — See 9 L. 449-452.

Same — Same — Burden of proof of cause of injury to live
stock during transportation. — See 17 L. 339.

Same — Same — Extraordinary unloading of live stock in tran-
sit.— See 14 L. 550.

Same — Same — To furnish cars for transportation. — See 9 L.
449.

Same — Same — To owner's caretaker for condition of stock
pen.— See 10 L. N. S. 576.

Same — Same — With reference to care of stock during trans-
portation. — See 44 L. 449-456.

Perishable freight — Liability of on. — See 3 A. C. 450; 10 A.
C. 169, 171.

Permitting unauthorized inspection as conversion. — See 3 L.
N. S. 1126.

Power of — To limit liability and how may be exercised — See
32 A. D. 495.

Same — To limit their liability in the event of a loss to a
sum less than the injury suffered. — See 23 A. S. 593.

Railroad — Liability of for delay in transportation of freight,
due to inadequate facilities. — See 10 L. N. S. 432.

Rebates and discriminations. — See 12 L. N. S. 609.

Refrigerator cars — Duty of carrier with respect to. — See 10
L. N. S. 317.

Removal of goods — Act or fault of preventing, as affecting
termination of liability. — See 8 L. N. S. 235.

Same — What a reasonable time for, after which the liability
of the carrier as such terminates. — See 8 L. N. S. 240.

Right — To demand goods against owner when possession was
not received from, when. — See 40 A. D. 44.

Same — To deny, as against bona fide holder of bill of lading
that goods were delivered to it. — See 6 L. N. S. 302.

Same — To terminate its responsibility as warehouseman. —
See 9 L. N. S. 577.

Rights, duties and obligations of, in general, see 2 L. 102;
3 L. 342; 3 L. 424; 5 L. 587; 6 L. 849; 10 L. 415.

Selection of unsuitable car by shipping, effect of on liability
of.— See 4 A. C. 1140, 1144.

1110



Tit.VII,ch.III,art.II.] CARRIERS, generally. §2115

Servants, liability of for acts of. — See 8 A. R. 317.

Special contracts, right to exact from shippers. — See 40 A.
S. 777.

Stoppage in transitu — Rig'lit of, when terminates. — See 60
A. R. 51.

Same — Right of, when and by whom may be exercised. — See
29 A. D. 384; 19 A. R. 87; 1 A. S. 312.

Strike — As affecting duty of railroad to furnish cars.— See
35 L. 623.

Same — ^Effect of upon carrier's liability. — See 35 L. 623.

Same — Express provision as to charter party against demur-
rage in case of. — See 5 L. N. S. 126.

Strikes and mobs, liability for injuries done by.— See 97 A.
S. 526.

Termination of interstate transportation of intoxicating
liquors, what is sufficient. — See 11 L. N. S. 550.

Termination of liability of — As to, generally, see 6 A. C. 13,
16; 17 L. 691.

Same — Conflict of laws as to. — See 63 L. 531.

Time of notice to warrant special damage for failure to
deliver property. — See 3 L. N. S. 1111.

Title, passing of to property by delivery of carrier for trans-
portation. — See 22 L. 415.

Torts or negligence of connecting lines, liability of initial
carriers for. — See 106 A. S. 604.

Unloading, delay in caused by strike. — See 35 L. 630.

Unreasonable charges by interstate carriers. — See 9 A. C.
1075, 1082.

Unsuitable car, selection of by shipper as affecting carrier's
liability for damage to goods by defective car. — See 4 A. C. 1144.

Va'lidity of contract for transportation in violation of par-
ticular statute. — See 12 L. N. S. 609.

Value of goods — Inquiry and representation as to. — See 13
L. 33.

Same — Concealment or misrepresentation as to, effect on lia-
bility for loss or damage. — See 5 A. C. 118, 120; 13 L. 33.

Warehouseman — Liability as. — See 10 A. C. 437, 442.

Same — Right to terminate responsibility as.— See 9 L. N. S.
577.

Water, loss by, for which not liable. — See 41 A. D. 281.

Wlio liable for loss or deterioration of goods caused by deliv-
ery, liability of for.— See 11 A. S. 360.

§ 2115. CARRIER TO OBEY DIRECTIONS. A carrier must
comply with the directions of the consignor or consignee to
the same extent that an employee is bound to comply with
those of his employer.

History: Enacted March 21, 1872.
1111



§§ 2116, 2117 CIVIL CODE. [Div.III,Pt.IV.

As to duty of employee to observe directions of employer,
see Kerr's Cyc. C. C. § 1981 and note.

As to many miscellaneous matters as to carriers of prop-
erty, see note § 2114, ante.

As to obligation and duty of employee to comply with direc-
tions of employer, and his liability in damages for failure, see
Kerr's Cyc. C. C. §§ 1978, 1979, 1981 and notes.

As to right of stoppage in transitu, see Kerr's Cyc. C. C.
§§ 211-S, 3076 and notes.

§2116. CONFLICT OF ORDERS. When the directions of
a consignor and consignee 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 com-
ply with the directions of the consignee, unless the consignor
has specially forbidden the carrier to receive orders from
the consignee inconsistent with his own.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to stoppage in transitu, see Kerr's Cyc. C. C. § 2118 and
note, and generally as to such right, see § 3076 and note.

§2117. STOWAGE, DEVIATION, ETC. A marine carrier
must not stow freight upon deck during the voyage, except
where it is usual to do so, nor make any improper deviation
from or delay in the voyage, nor do any other unnecessai*y act
which would avoid an insurance in the usual form upon the
freight.

History: Enacted March 21, 1872.

125 C. 684, 685 (erroneously cited for § 3117), 58 P. 297. 298
(correct citation).

As to deviation affecting insurer's liability for loss, see Kerr's
Cyc. C. C. § 2697 and note.

As to insurable interest, see Kerr's Cyc. C. C. §§ 2659-2665
and notes.

As to loss caused by delay and deviation from route, see
Kerr's Cyc. C. C. § 2196 and note.

As to many miscellaneous matters as to carriers of prop-
erty, see note § 2114, ante.

As to marine insurance, see Kerr's Cyc. C. C. § 2655 and note.

As to voyage and deviation from route in general, see Kerr's
Cyc. C. C. §§ 2692-2694 and notes; 44 Cent. Dig. col. 513, § 455.

1112



Tit.Vir,cll.III,art.II.] DELIVERY. - §2118

As to when deviation from route is improper, see Kerr's
Cyc. C. C. § 2696 and note.

As to when deviation from route is proper, see Kerr's Cyc.
C. C. § 2695 and note.

§2118. DELIVERY OF FKEIGHT. A carrier of property
must deliver it to the consignee, at the place to which it is
addressed, in the manner usual at that place.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 15 pars, annotation.

94 C. 166, 170, 178, 29 P. 861, 17 L. 685 (construed and applied).

As to carrier's place of delivery, see 52 A. S. 103.

As to custom of usag-e, see Kerr's Cyc. C. C. § 2119 and note.

As to delays and damages, see Kerr's Cyc. C. C. § 2114 and
note.

As to delivery to consignee or his agent, see 9 A. S. 511, 512;
61 A. S. 374.

As to delivery to employees,^ agents, etc., see 61 A. S. 372.

As to duty and liability as to goods sent C. O. D., see 61 A.
S. 379.

As to effect of custom regarding- delivery of baggage by
baggage transfer companies, see 34 L. 140.

As to evidence of usage varying common carrier's liability,
see 42 A. D. 498.

As to liability for loss of letters containing money,, etc., see
Kerr's Cyc. C. C. § 2177 and note.

As to liability of carrier for delivery of goods to wrong
persoji, see Kerr's Cyc. C. C. § 2126 and note; 52 A. S. 103.

As to liability of carrier when claim of third person is set
up, see' Kerr's Cyc. C. C. § 2115 and note; 34 A. S. 731, 735.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to rights and equities of bona fide assignee of bill of lad-
ing for value as against vendor's lien, see Kerr's Cyc. C. C.
§ 2127 and note.

As to seizure under legal i)rocoss as excuse for failure to
deliver, see 34 A. S. 735, 736.

As to strikes affecting liability of carrier for delivery of
freight, see Kerr's Cyc. C. C. § 2194 and note.

As to usage regulating manner of delivery, see 8 A. D. 217.

As to usage varying liability of carriers, see 27 A. D. 518;
31 A. D. 302, 303.

As to vendor's lien on freight during transit, see Kerr's Cyc.
C. C. § 2131 and note.

Right of stoppage in transitu continues. — See 11 A. S. 767;
22 A. S. 715; 34 A. S. 541.

1113



§§ 2119, 2120 CIVIL CODE. [Div.III.Pt.IV.

§2119. PLACE OF DELIVERY. If there is no usage to
the contrary at the place of deliverJ^ freight must be deliv-
ered as follows:

1. If carried upon a railway owned or managed by the car-
rier, it may be delivered at the station nearest to the place
to which it is addressed;

2. If carried by sea from a foreign country, it may be deliv-
ered at the wharf where the ship moors, within a reasonable
distance from the place of address; or, if there is no wharf,
on board a lighter alongside the ship; or,

3. In other cases, it must be delivered to the consignee or
his agent, personally, if either can, with reasonable diligence,
be found.

History: Enacted March 21, 1872.

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

56 C. 484, 486 (construed with post §2120); 94 C. 166, 178.
29 P. 861, 17 L. 685 (construed with § 2120 and other sections).

As to contract to deliver at designated point, see 10 L. 416.

As to custom and usage with respect to delivery, see Kerr's
Cyc. C. C. § 2118 and note.

As to delivery to connecting carriers, see Kerr's Cyc. C. C.
§ 2201 and note.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to reason for enacting this and related sections, see Kerr's
Cyc. C. C. § 2118 and note.

As to usage determining manner of delivery of letters con-
taining money, etc., see Kerr's Cyc. C. C. § 2177 and note.

§ 2120. NOTICE WHEN FREIGHT NOT DELIVERED. If,

for any reason, a carrier does not deliver freight to the con-
signee 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.

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

1114



i



Tit.VII,ch.III,art.II.] failure TO accept. §§2121.2122

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

56 C. 484, 485, 486 (construed and applied); 94 C. 166, 170.
177, 178, 179 (construed and applied), 29 P. 861, 862, 17 L. 685;
110 C. 348, 356, 52 A. S. 94, 42 P. 918 (construed and applied).

As to detriment caused by breach of carrier's obligation to
deliver freight, see Kerr's Cyc. C. C. § 3316 and note.

As to detriment caused by carrier's delay in delivery of
freight, see Kerr's Cyc. C. C. § 3317 and note.

As to liability of carrier for baggage after arrival at destina-
tion, see Kerr's Cyc. C. C. § 2182 and note.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to reason for enacting this and related sections, see Kerr's
Cyc. C. C. § 2118 and note.

As to when liability of railroad carrier ceases, see 17 L. 691.

§2121. WHEN CONSIGNEE DOES NOT ACCEPT. If a

consignee does not accept and remove freight within a rea-
sonable time after the carrier has fulfilled his obligation to
deliver, or duly offered to fulfil the same, the carrier may
exonerate himself from further liability by placing the freight
in a suitable warehouse, on storage, on account of the con-
signee, and giving notice thereof to him.

Hi-story: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 248.

See Kerr's Cyc. C. C. for 3 pars, annotation.

As to burden of proof in case of loss of goods in storage,
see Kerr's Cyc. C. C. § 2120 and note pars. 11-14.

As to delivery in general, see Kerr's Cyc. C. C. § 2118 and
note.

As to delivery to person otlier than consignee, see Kerr's
Cyc. C. C. § 2131 and note.

As to duty of consignee to receive and take goods, see 52
A. S. 103.

As to liability of warehouseman, see Kerr's Cyc. C. C. §§ 1851-
1855, 2120 and notes; also 24 A. D. 146.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to when and how liability of carrier is reduced to that
of warehouseman, see Kerr's Cyc. C. C. § 2120 and note pars. 4-7.

§2122. WHEN CONSIGNEE CANNOT BE FOUND (re-
pealed).

History: Enacted March 21, 1872; repealed March 30, 1874,
Code Amdts. 1873-4, p. 248.

1115



/



§ 2126 CIVIL CODE. [Div.III.Pt.IV.



ARTICLE III.

BILL OF LADING.

§ 2126. Bill of lading, what.

§ 2127. Bill of lading negotiable.

§ 2128. Same. [To "bearer."]

§ 2129. Effect of bill of lading on rights, etc., of carrier.

§ 2130. Bills of lading to ,be given to consignor.

§ 2131. Carrier exonerated by delivery according to bill of lading.

§ 2132. Carrier may demand surrender of bill of lading before
delivery.

§ 2126. BILL or LADING, WHAT. 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.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C for 20 pars, annotation.
61 C. 405, 416 (construed and applied).

BIL.I, OF LADING.

As contract of carriage. — See 1 W. & P. 790.
• Same — By water. — See 20 L. ed. 804; 1 W. & P. 790.

As receipt. — See 35 A. R. 327; 51 A. R. 51; 20 L. ed. 779; 1
W. & P. 793.

As receipt and contract. — See 56 A. D. 676; 93 A. D. 184; 11
A. R. 109; 44 A. S. 37; 44 A. S. 852; 4 L. 244; 10 L. 416; 20 L.
ed. 779; 26 L. ed. 998; 30 L. ed. 1077; 1 W. & P. 794.

As to bills of lading in general, see 10 L. 416; 38 A. D.
407-426.

As to clauses in bill of lading to which consignor does not
assent in writing as affecting liability of carrier, see Kerr's
Cyc. C. C. § 2176 and note.

Same — As to insurer, see Kerr's Cyc. C. C. § 2697 and note.

As to delivery of goods to person other than consignee named
in bill of lading, see Kerr's Cyc. C. C. §§ 2118, 2119 and notes.

As to destroying or suppressing bill of lading, etc., see Kerr's
Cyc. Pen. C. § 579 and note.

As to false bill of lading, making of, etc., see Kerr's Cyc. Pen.
C. § 541 and note.

1116



i



Tit.VII,ch.III,art.III.] negotiability. § 2127

As to issuing fictitious warehouse receipts, see Kerr's Cyc.
Pen. C. § 578 and note.

As to limiting liability by terms in bills of lading, etc., see
Kerr's Cyc. C. C. §2176 and note; 61 A. S. 364.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to offense of issuing fictitious bill of lading, see Kerr's
Cyc. Pen. C. § 577 and note.

As to offense of selling, etc., merchandise for wliich bill of
lading has been issued, see Kerr's Cyc. Pen. C. § 581 and note.

As to warehouse receipts, see 52 A. S. 103.

Assignee of bill of lading with draft attached, liability of^
consignee for failure of title to or defect in goods, or failure
of consideration. — See 91 A. S. 212.

Assignee's rights and liabilities under.— See 105 A. S. 332.

Character and effect of. — See 10 L. 416.

Conclusiveness of. — See 30 A. S. 634.

Contradict, right to. — See 9 L. 263.

Definition and effect of. — See 38 A. D. 407; 1 W. & P. 790.

For goods not delivered for shipment. — See 53 A. R. 453.

Issuance without receipt of goods.— See 7 A. C. 728.

Liability of carrier upon, issued without receipt of goods. —
See 7 A. C. 731.

Limiting liability by.— See 5 A. S. 719; 88 A. S. 74.

Manifest includes. — See 1 W. & P. 791.

Negotiability of.— See 7 A. C. 728; 32 A. D. 541; 93 A. D. 208;
18 A. R. 299; 9 A. S. 504; 27 A. S. 861; 54 A. S. 672; 82 A. S.
771; 1 L. «50; 20 L. ed. 779; 25 L. ed. 892; 38 L. ed. 944; 1 W.
& P. 791.

Restriction in. — See 6 L. 489; 10 L. 415.

Right to contradict. — See 9 L. 263.

Rule as to valuation fixed in. — See 12 L. 799.

To whom may delivery be made under. — See 38 L. 358.

Warehouse receipts, under Statutes 1877;8, p. 949. See tit.
"Warehouse and Wharfinger Receipts," Stats. 1877-8, p. 949, c.
CDVII in Hen. G. L. p. 1472 and note, and Stats. 1905, c. CDLII,
p. 611, for statute as re-enacted and now in force.



§ 2127. BILL OF LADING NEGOTIABLE. All the title to
the freight which the first holder of a bill of lading had
when he received it, passes to 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.

History: Enacted March 21. 1872.
1117



§§ 2128, 2129



CIVIL CODE.



[Div.III.Pt.IV.



See Kerr's Cyc. C. C. for 6 pars, annotation.

61 C. 405, 416 (construed and applied with other sections);
110 C. 348, 358, 359, 52 A. S. 94, 42 P. 918 (construed and applied
with other sections); 54 F. 306, 310, 311 (construed with §2128,
showing that title to goods described in bills of lading drawn
to order passes by indorsement, drawn to bearer by delivery,
but reversing, 47 F. 468, 471, on ground that there was no
indorsement by the party in whose favor the bill was drawn).

As L^ allowing- another to assume apparent ownersliip of
property for purpose of making transfer of it, and as to right
of transferee in good faith in ordinary course of business and
for value, see Kerr's Cyc. C. C. § 2991 and note.

As to bills of lading, carrier's receipts, and warehouse receipts
and transfer thereof by indorsement in general, see Kerr's Cyc.
C. C. § 2126 and note pars. 4-6, 12, 13 and references.

As to indorsement of bill of lading and rights of indorsee
thereunder, see Kerr's Cyc. C. C. § 2126 and note; 55 A. D. 219.

As to many miscellaneous matters as to carriers of pas-
sengers, see note § 2114, ante.



§2128. SAME. [TO "BEARER."] 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 indorse-
ment.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

61 C. 405, 416 (construed and applied with other sections); 110
C. 348, 359, 52 A. S. 94, 42 P. 918 (construed and applied with
other sections); 54 F. 306, 310 .(applied).

As to bills of lading, carrier's receipts, and warehouse re-
ceipts, and transfer thereof in general, see Kerr's Cyc. C. C.
§ 2126 and note pars. 4-6, 12, 13 and references.

As to delivery of freight under bill of lading made to bearer
or to any holder of bill of lading, properly indorsed, see Kerr's
Cyc. C. C. § 2131 and note.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to title passing by transfer of bill of lading, see Kerr's
Cyc. C. C. §2127 and note; 55 A. D. 299, 300.

§ 2129. EFFECT OF BILL OF LADING ON RIGHTS, ETC.,
OF CARRIER. A bill of lading does not alter the rights or
obligations of the carrier, as defined in this chapter, unless it
is plainly inconsistent therewith.

History: Enacted March 21, 1872.
1118



Tit.VII,ch.III,art.III.] DELIVERY, EFFECT. §§ 2130, 2131

61 C. 405, 416 (cited and referred to with other sections);

110 C. 348, 359, 52 A. S. 94, 42 P. 918 (cited with other sections).

As to bills of lading in general, see Kerr's Cyc. C. C. § 2126

and note.

As to bills of lading in general, transfer thereof, etc., see
•Kerr's Cyc. C. C. §§ 2126-2128 and notes.

As to conversion by carrier, see Kerr's Cyc. C. C. § 2126 note
pars. 17-20; also 2 L. 80; 21 L. 117, 118.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

§ 2130. BILLS OF LADING TO BE GIVEN TO CONSIGNOR.

A carrier must subscribe and deliver to the consignor, on
demand, any reasonable number of bills of 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 damages thereby
occasioned.

History: Enacted March 21, 1872.

61 C. 405, 416 (cited with other sections); 110 C. 348, 359, 52
A S 94 42' P. 918 (cited and referred to with other sections).

As to' duplicate bills of lading and effect thereof, see Kerr's
Cyc. C. C. § 2126 and note par. 8.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to marking duplicate receipts, bills of lading, etc., with
"duplicate," see Kerr's Cyc. Pen. C. § 580 and note.

§2131. CARRIER EXONERATED BY DELIVERY AC-
CORDING TO BILL OF LADING. A carrier is exonerated

from liability for freight by delivery thereof, in good faith,
to any holder of a bill of lading therefor, properly indorsed,
or made in favor of the bearer.

History: Enacted March 21, 1872.

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

61 C. 405, 416 (construed and applied with, other sections);
110 C. 348,' 357 (cited as not applying), 359 (construed and
applied with other sections), 52 A. S. 94, 42 P. 918.

As to delivery in general, see Kerr's Cyc. Pen. C. § 2118 and

note. ^^

As to delivery upon production of bill of lading, see Kerr s
Cyc. Pen. C. §§ 2126-2129 and notes; also 9 A. S. 512, 513.

1119



§ 2132 CIVIL CODE. [Div.III.Pt.IV.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

As to what is sufficient delivery to terminate carrier's lia-
bility, see 8 A. D. 211; 42 A. D. 497.

§ 2132. CARRIER MAY DEMAND SURRENDER OF BILL
OF LADING BEFORE DELIVERY. When a carrier has given
a bill ot lading, or other instrument substantially equivalent
thereto, he may require its surrender, or a reasonable indem-
nity against claims thereon, before delivering the freight.
History: Enacted March 21, 1872.

61 C. 405, 416 (referred to with other sections).

As to bill of lading, presentation and surrender of, upon
delivery of freight, see Kerr's Cyc. C. C. §§ 2127, 2128, 2131 and
notes.

As to limitations of powers of general agent, see Kerr's Cyc.
C. C. § 2322 and note.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante. -



1120



Tit.VII,ch.III,art.IV.] freightage, liability. §§ 2136-2138



ARTICLE IV.

FREIGHTAGE.

§ 2136. When freightage is to be paid.

§ 2137. Consignor, when liable for freightage.

§ 2138. Consignee, when liable.

§ 2139. Natural increase of freight.

§ 2140. Apportionment by contract.

§ 2141. Same. [No objection on partial delivery.]

§ 2142. Apportionment according to distance.

§ 2143. Freight carried further than agreed, etc.

§ 2144. Carrier's lien for freightage [and for services].

§ 2136. WHEN FKEIGHTAGE IS TO BE PAID. A carrier
may require his freightage to be paid upon his receiving the
freight; but if he does not demand it then, he cannot until
he is ready to deliver the freight to the consignee.

History: Enacted March 21, 1872.

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

As to freightage, when earned, etc., see 52 A. D. 286; 60 A. D.
150-152, 160; 24 A. R. 339.

As to lien for freightage, see Kerr's Cyc. C. C. § 2144 and note;
also note 79 A. D. 368.

As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

§ 2137. CONSIGNOR, IVHEN LIABLE FOR FREIGHTAGE.

The consignor of freight is presumed to be liable for the
freightage, but if the contract between him 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.

Ili.-story: Enacted March 21, 1872.

2138. CONSIGNEE, WHEN LIABLE. The consignee of
freight is liable for the freightage, if he accepts the freight
with notice of the intention of the consignor that he should
pay it.

History: Enacted March 21, 1872.
Kerr's C. C. — 36 1121



§§ 2139-2141 CIVIL CODE. [Div.III.Pt.IV.

As to liability of consignee for freight money, see Kerr's



Online LibraryCaliforniaThe codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) → online text (page 93 of 156)