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Cyc. C. C. § 2138 and note.

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

§ 2139. NATURAL INCREASE OF FREIGHT. No freight-
age can be charged upon the natural increase of freight.

History: Enacted March 21, 1872.

As to carriage of live stock, see Kerr's Cyc. C. C. § 2194 and
note.

As to live stock, carriage of, etc., see Kerr's Cyc. C. C. § 2194
and note; also note § 2114, ante.

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

§2140. APPORTIONMENT BY CONTRACT. If freightage
is apportioned by a bill of lading or other contract made
between a consignor and carrier, the carrier is entitled to
payment, according to the apportionment, for so much as he
delivers.

History: Enacted March 21, 1872.

As to deduction for' short delivery, damage to goods, etc., see
note § 2114, ante; 60 A. D. 152.

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

§2141. SAME. [NO OBJECTION ON PARTIAL BELIY-
ERT.] If a part of the freight is accepted by a consignee,
without a specific objection that the rest is not delivered, the
freightage must be apportioned and paid as to that part,
though not apportioned in the original contract.

HLstory: Enacted March 21, 1872.

As to apportioninent of freight in general, see Kerr's Cyc.
C. C. § 2142 and note.

As to decay of part of cargo in transitu, see 17 L. ed. 89.

As to deduction for short delivery, damage to freight, etc.,
see 60 A. D. 152.

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

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

1122



Tit.VII,ch.III,art.IV.] APPORTIONMENT. §§ 2142-2144

§2142. APPORTIOXME]NT ACCORDOG TO DISTANCE.

If a consignee voluntarily receives freight at a place short
of the one appointed for deliverJ^ 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 freight-
age.

History: Enacted March 21, 1872.

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

As to carrier's lien for full freightage, see Kerr's Cyc. C. C.
§ 2144 and note.

As to freightage pro rata itineris, see 62 A. D. 153, 154.

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



§2143. FREIGHT CARRIED FURTHER THAN AGREED,
ETC. If freight is carried further, or more expeditiously,
than was agreed upon by the parties, the carrier is not enti-
tled to additional compensation, and cannot refuse to deliver
it, on the demand of the consignee, at the place and time of
its arrival.

History: Enacted March 21, 1872.

As to carrying freight farther than agreed, extra charge, see
Kerr's Cyc. C. C. § 2143, note.

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

§ 2144. CARRIER'S LIEN FOR FREIGHTAGE [AND FOR
SERVICES]. A carrier has a lien for freightage and for
services rendered at request of shipper or consignee in and
about the transportation, care and preservation of the pro-
perty, and he also has a lien for money advanced at request
of shipper or consignee to discharge a prior lien. His rights
to such lien are regulated by the title on liens.

History: Enacted Mai-ch 21, 1872; amended April 19, 1909,
Stats, and Amdts. 1909, p. 1000.

1123



§ 2144 CIVIL CODE. [Div.III,Pt.IV.

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

As to bottomry contracts and liens, see Kerr's Cyc. C. C.
§§ 3017-3029 and notes.

As to contracts of respondentia, see Kerr's Cyc. C. C. §§ 3036-
3040 and notes.

As to lien of master of ship upon ship and freightage for
advances, etc., see Kerr's Cyc. C. C. § 3055 and note.

As to lien of mate and seaman of ship upon ship and freight-
age, see Kerr's Cyc. C. C. § 3056 and note.

As to lien on passengers' luggage, see Kerr's Cyc. C. C. § 2191
and note.

As to lien upon vessel for materials furnished for its con-
struction, repair, or equipment, see Kerr's Cyc. C. C. P. § 813 and
note.

As to liens in general, see Kerr's Cyc. C. C. §§ 2872 et seq. and
notes.

As to liens of ship-owners for freightage upon cargoes
received from shipping merchants in usual course of business
of shipping and selling produce, see Kerr's Cyc. C. C. §§ 2319,
2369 and notes.

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

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

As to non-authority of commission merchants to pledge goods
of another, see Kerr's Cyc. C. C. § 2368 subd. 2 and note.

As to seaman's lien, see Kerr's Cyc. C. C. § 3056 and note.

As to stoppage in transitu as means of enforcing lien of
seller, see Kerr's Cyc. C. C. §2118 and note; also post §§3076-
3080.



1124



TitVII,ch.III,art.V.] JETTISON, ETC. §2148



ARTICLE V.

GENERAL AVERAGE.

§ 2148. Jettison and general average, what.

§ 2149. Order of jettison.

§ 2150. By whom made.

§ 2151. Loss, how borne.

§ 2152. General average loss, how adjusted.

§ 2153. Values, how ascertained.

§ 2154. Things stowed on deck.

§ 2155. Application of the foregoing rules.

§ 2148. JETTISON AND GENERAL AVERAGE, WHAT. A

carrier by water may, when in case of extreme peril it is
necessary for the safety o£ the ship or cargo, throw overboard,
or otherwise sacrifice, any or all of the cargo or appurte-
nances of the ship. Throwing property overboard for such
purpose is called jettison, and the loss incurred thereby is
called a general average loss.

History: Enacted March 21, 1872.

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

As to acts of God in general, see Kerr's Cyc. C. C. § 2194 and
note.

As to adjustment of loss under general average, see Kerr's
Cyc. C. C. § 2153 and note.

As to admeasurement of values of ship and freightage, see
Kerr's Cyc. C. C. § 2153 and note.

As to authority of master to hypothecate ship freightage,
cargo, etc., see Kerr's Cyc. C. C. § 2377 and note.

As to authority of master to sell cargo when absolutely
necessary, see Kerr's Cyc. C. C. § 2379 and note.

As to duty of manager of ship to provide for seaworthiness
of ship, see Kerr's Cyc. C. C. § 2071 and note.

As to estimating value of ship and freight to determine
various contributory interests, see 2 A. D. 207, 209.

As to general average, see 14 A. D. 613, 614.

As to jettison at sea being act of God, see Kerr's Cyc. C. C.
§ 2194 and note.

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

As to obligations of marine carriers in general, see Kerr's
Cyc. C. C. § 2114 and note.

1125



§§ 2149-2152 CIVIL CODE. [Div.III,Pt.IV.

As to "perils of the sea," see Kerr's Cyc. C. C. § 2199 and note.

As to stowage on deck, see Kerr's Cyc. C. C. § 2154 and note.

As to voluntary sacrifice being necessary that doctrine of
general average be applied, see 14 A. D. 613, 614.

As to wages of crew and value of provisions as subjects of
general average, see 2 A. D. 207; 29 A. D. 461.

As to wages of crew, value of provisions, etc., as subjects of
generai ctvorage, see 2 A. D. 207; 29 A. D. 461.

§2149. OEDEE OF JETTISON. A jettison must begin
with the most bulky and least valuable articles, so far as
possible.

History: Enacted March 21, 1872. See Code de Com. art. 411.

As to jettison, see ante § 2040 and note, post § 2150.
As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

§2150. BY WHOM MADE. A jettison can be made only
by authority of the master of a ship, except in case of his
disability, or of an overruling necessity when it may be made
by any other person.

History: Enacted March 21, 1872.

As to jettison, etc., see Kerr's Cyc. C. C. § 2148 and note.
As to many miscellaneous matters as to carriers of property,
see note § 2114, ante.

§ 2151. LOSS, HOW BOEXE. The loss incurred by a jetti-
son, when lawfully made, must be borne in due proportion by
all that part of the ship, appurtenances, freightage, and cargo
for the benefit of which the sacrifice is made, as well as by
the owner of the thing sacrificed.

History: Enacted March 21, 1872.

As to jettison, adjustment of loss, etc., see Kerr's Cyc. C. C.
§ 2148 and note.

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

§2152. GENEEAL AYEEAGE LOSS, HOW ADJUSTED.

The proportions in which a general average loss is to be
borne must be ascertained by an adjustment, in which the

1126



TitVII,ch.III,art.V.] VALUES. §§2153,2154

owner of each separate interest is to be charged with such
proportion of the value of the thing lost as the value of his
part of the property affected bears to the value of the whole.
But an adjustment made at the end of the voyage, if valid
there, is valid everywhere.

History: Enacted March 21, 1872.

58 F. 801, 803 (cited — regulating adjustment of general aver-
age losses).

As to general average loss, how borne and adjusted, see
Kerr's Cyc. C. C. § 2148 and note.

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

§2153. VALUES, HOW ASCERTAINED. In estimating
values for the purpose of a general average, the ship and
appurtenances must be valued as at the end of the voyage,
the freightage at one-half the amount due on delivery, and
the cargo as at the time and place of its discharge; adding,
in each case, the amount made good by contribution.

History: Enacted March 21, 1872.

58 F. 801, 803 (the provisions of this section are conclusive
as to the rule to be observed in ascertaining contributory value
of freight in general average).

As to estimating value of ship, cargo, etc., for purposes of
general average, see Kerr's Cyc. C. C. § 2148 and note.

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



§2154. THING STOWED ON DECK. The owner of things
stowed on deck, in case of their jettison, is entitled to the
benefit of a general average contribution only in case it is
usual to stow such things on deck upon such a voyage.

History: Enacted March 21, 1872.

As to jettison in general, see Kerr's Cyc. C. C. § 2148 and
note.

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

As to stowage on deck, deviation, etc., see Kerr's Cyc. C. C.
§ 2117 and note.

1127



§ 2155 CIVIL CODE. [Div.III,Pt.IV.

§ 2155. APPLICATION OF THE FOREGOING RULES. The

rules herein stated concerning jettison are equally applicable
to every other voluntary sacrifice of property on a ship, or
expense necessarily incurred, for the preservation of the ship
and cargo from extraordinary perils.

History: Enacted March 21, 1872.

58 F. 801, 803 (cited — regulating adjustment of general aver-
age losses).

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



1128



Tit.VII.ch.IV.] MESSAGES. § 2161



CHAPTER IV.

CARRIERS OF MESSAGES.

§ 2161. Obligation of carrier of messages.
§ 2162. Degree of care and diligence required.

§2161. OBLIGATION OF CARRIER OF MESSAGES. A

carrier of messages for reward, other than by telegraph or
telephone, must deliver them at the place to which they are
addressed, or to the person for whom they are intended. Such
carrier, by telegraph or telephone, must deliver them at such
place and to such person, provided the place of address, or
the person for whom they are intended, is within a distance
of two miles from the main office of the carrier in the city
or town to which the messages are transmitted, and the car-
rier is not required, in making the delivery, to pay on his
route toll or ferriage; but for any distance beyond one mile
from such office, compensation may be charged for a messen-
ger employed by the carrier.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 248; by Code Commission, Act March 16,
1901, Stats, and Amdts. 1900-1, p. 413, held unconstitutional, see
history, § 4 ante; amendment re-enacted March 21, 1905, Stats,
and Amdts. 1905, p. 627.

66' C. 579, 586, 57 A. R. 119, 6 P. 637 (construed in dis. op.);
123 C. 428, 430, 56 P. 103 (construed and applied with § 2162).

As to carrier of messages, generally, see note § 536, ante.

As to carrier of messages not being common carrier, see
Kerr's Cyc. C. C. § 2168 and note.

As to duties, liabilities, etc., of carriers of messages, see Kerr's
Cyc. C. C. § 2162 and note.

As to offense committed in refusing or neglecting to send or
postpone or deliver message, see Kerr's Cyc. Pen. C. § 638 and
note.

As to offense of agent, operator, or employee using or appro-
priating information from private message to his own advan-
tage or profit, see Kerr's Cyc. Pen. C. § 639 and note.

As to offense of bribing or attempting to bribe telegraph
operator, see Kerr's Cyc. Pen. C. § 641 and note.

1129



§ 2162 CIVIL CODE. [Div.III.Pt.IV.

As to offense of person who by means of machine, instrument,
or contrivance, etc., reads or attempts to read message, see
Kerr's Cyc. Pen. C. § 640 and note.

§ 2162. DEGREE OF CARE AND DILIGENCE REQUIRED.

A carrier of messages for reward must use great care and dili-
gence in the transmission and delivery of messages.

History: Enacted March 21, 1872; amended March 30, 1874.
Code Amdts. 1873-4, p. 249.

See Kerr's Cyc. C. C. for 35 pars, annotation.

66 C. 579, 581, 586 (construed in dis. op.), 56 A. R. 119, 6 P. 637,
638. See 4 P. 657, 661; 123 C. 428, 430 (construed and applied).
56 P. 103; 130 C. 657. 660 (construed and applied), 80 A. S. 153,
160, 63 P. 83, 53 L. 678; 61 Fed. 624, 625, 627, 15 U. S. App. 445,
9 C. C. A. 680 (construed with § 2168 — degree of care prescribed
by statute is complied with when).

As to actual damages sustained by reason of delays, errors,
etc., in transmission of messages, see 10 A. S. 782-785.

As to damages for injury to feeling for failure or delay in
delivering messages, see 10 A. S. 788-790.

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

As to elements of damage in actions against telegraph com-
panies for failure to send or deliver messages, see 10 A. S.
778, 782.

As to knowledge of importance of message as affecting ques-
tion of damages, see 10 A. S. 785, 786.

As to limitation of liability of carrier of messages, see Kerr's
Cyc. C. C. § 2168 and note.

As to mental suffering, see Kerr's Cyc. C. C. § 2100, pars. 82, 83
note.

As to message disclosing its own importance, see 10 A. S.
786, 788.

As to regulation as to repeating messages, see 32 A. S. 798.

Mental suffering not element of damage for delay in delivery.
See 66 A. S. 873-875.

Telegraph companies may stipulate for limitation of liability
for errors. — See 71 A. D. 467, 469, 472, 474; 1 A. S. 358.



1130



Tit.VII,ch.V,art.I.] COMMON CARRIERS. § 2168

CHAPTER V.

COMMON CARRIERS.

Article I. Common Carriers in General, §§ 2168-2177.

II. Common Carriers of Persons, §§ 2180-2191.

III. Common Carriers of Property, §§ 2194-2204.

IV. Common Carriers of Messages, §§2207-2209.

ARTICLE I.

COMMON CARRIERS IN GENERAL.

§ 2168. Common carrier, what.

§ 2169. Obligation to accept freight.

§ 2170. Common carriers not to give preference.

§ 2171. What preferences he must give.

§ 2172. Starting.

§ 2173. Compensation.

§ 2174. Obligations of carrier altered only by agreement.

§ 2175. Certain agreements void.

§ 2176. Modifications thereof.

§ 2177. Loss of valuable letters.

§ 2168. COMMON CARRIER, WHAT. Every one who offers
to the public to carry persons, property, or messages, except-
ing only telegraphic messages, is a common carrier of what-
ever he thus offers to carry.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 249.

- See Kerr's Cyc. C. C. for 33 pars, annotation.

66 C. 579, 581, 586, 56 A. R. 119, 6 P. 637, 638 (construed and
applied); 61 F. 624, 625, 627 (construed with §2162 — degree of
care prescribed by statute is complied with when).

As to baggage transfer companies, when and when not liable
as common carriers, see 34 L. 137-139.

As to carriers as bailees, see 6 L. 619, 620.

As to carrier's liability where a servant appropriates money
received for carriage, see 56 A. D. 84.

As to common carrier's responsibilities for agent's contracts,
see 56 A. D. 84.

1131



§ 2168 CIVIL CODE. [Div.III,Pt.IV.

As to common carriers, who are, in general, see 14 A. D. 751,
752; 26 A. D. 467; 28 A. D. 657; 31 A. D. 751; 37 A. D. 467; 40 A. D.
100, 782; 42 A. D. 496, 497; 47 A. D. 648-653; 63 A. D. 138; 64
A. D. 124; 73 A. D. 176; 83 A. D. 82; 87 A. D. 720-722; 91 A. D.
66; 11 A. R. 656; 12 A. R. 501; 36 A. R. 504, 505; 4 A. S. 628; 6 L. 619;
10 L. 415, 416.

As to deg-ree of care, skill, and diligence required of pas-
senger carriers, see ante § 2100 and note, and see 2 L. 84.

As to ferries on streams between counties, see Hen. G. L. pp.
455, 456; see also note § 528, ante.

As to ferry depot at San Francisco, see Hen. G. L. pp. 456-
459.

As to fires caused by engines of carriers, see Kerr's Cyc.
C. C. § 3333 and note.

As to inability of carrier to relieve itself from liability
imposed upon it by law, see Kerr's Cyc. C. C. § 2175 and note.

As to inspection of passengers for prevention of introduction
of diseases into the state, see Hen. G. L. pp. 506, 507.

As to interstate commerce, see act of Congress of February
4, 1887, ch. 104, 24 Stats, at L. 379, 3 F. S. A. 809; act of March
2, 1889, ch. 382, 25 Stats, at L. 855, 3 F. S. A. 852; act of March
2, 1889, ch. 411, 25 Stats, at L. 954, 3 F. S. A. 856; act of August
8, 1890, ch. 728, 26 Stats, at L. 313, 3 F. S. A. 853; act of February
11, 1893, ch. 83, 27 Stats, at L. 443, 3 F. S. A. 855.

As to interstate commerce, power of Congress to regulate,
etc., see 27 A. S. 547-550.

As to liability of carriers at common law, see further Kerr's
Cyc. C. C. § 2194 and note.

As to liability of sleeping-car company, see 21 L. 289.

As to marine carriers, who are, see 47 A. D. 651, 652, 653, 654.

As to obligations imposed on carrier by contract, see 2 L.
85, 86.

For presumption of negligence in carriage of freight, see
Kerr's Cyc. C. C. §2114 and authorities there cited.

As to provision for appointment of policemen on cars or boats
of railroad and steamship companies, see Hen. G. L. p. 1066.

As to powers and duties of railroad commissioners, see Hen.
G. L. pp. 1109-1112 and note.

As to quarantine of animals brought into state of California
from infected districts, see Hen. G. L. pp. 1106, 1107.

As to railroad companies as private carriers, drawing special
cars or special trains, etc., see 30 L. 161, 162.

As to rates and lowering of for purpose of competing with
other common carriers, and governmental authority in such
cases, see § 20 Art. XII State Constitution, Hen. G. L. p. xcvi, and
Kerr's Cyc. C. C. § 2173 and note.

As to regulation of freights and fares on railroads, see Kerr's
Cyc. C. C. § 484 and note.

1132



Tit.VII,ch.V,art.I.] COMMON CARRIERS. §§ 2169, 2170

As to right of states to regulate charges of carriers, see 15
A. S. 483, 943, 27 A. S. 567, 568.

As to sleeping-car companies' liabilities as carriers, see 21 L.
291, 292.

As to state harbor commissioners, see Hen. G. L. pp. 1280-1285.

As to when liability as carrier ceases, see 10 L. 417.

Common carriers, who are not — Sleeping-car company. — See
21 L. 291, 292, 298.

§ 2169. OBLIGATION TO ACCEPT FREIGHT. A common
carrier must, if able to do so, accept and carry wliatever is
offered to him, at a reasonable time and place, of a kind that
he undertakes or is accustomed to carry.

History: Enacted March 21, 1872.

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

70 C. 169, 178, 59 A. R. 404, 11 P. 686, 690 (common carrier of
goods is not under obligation to accept and carry all personal
property that may be offered); 81 C. 296, 298, 15 A. S. 61, 22 P.
859, 6 L. 336 (duty of street-railroad as common carrier to accept
and carry passengers must have reasonable performance).

As to carrier's right to require payment of freightage upon
receipt or delivery of freight, see Kerr's Cyc. C. C. § 2136 and
note.

As to consignor being liable -for freightage in absence of
special contract to contrary, see Kerr's Cyc. C. C. § 2137 and
note.

As to preferences by carriers, see Kerr's Cyc. C. C. § 2170 and
note.

As to refusal of railroad to carry passengers, see Kerr's Cyc.
C. C. § 482 and note.

As to transportation of dangerous articles under special con-
tract, see Kerr's Cyc. C. C. § 2174 and note.

§2170. COMIION CARBIEES NOT TO GIVE PREFER-
ENCE. A common carrier must not give preference in time,
price, or otherwise, to one person over another. Every com-
mon carrier of passengers by railroad, or by vessel plying
upon waters lying wholly within this state, shall establish
a schedule time for the starting of trains or vessel [s] from
their respective stations or wharves, of which public notice
shall be given, and shall, weather permitting, except in case
of accident or detention caused by connecting lines, start
their said trains or vessel [s] at or within ten minutes after

1133



§§2171,2172 CIVIL, CODE. [Div.III.Pt.IV.

the schedule time so established and notice given, under a
penalty of two hundred and fifty dollars for each neglect so
to do, to be recovered by action before any court of compe-
tent jurisdiction, upon complaint filed by the district attorney
of the tounty in the name of the people, and paid into the com-
mon s-^'^iol funci of the said county.

History: Enacted March 21, 1872; amended April 2, 1880,
Code Amdts. 1880 (C. C. pt.), p. 2; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 414, held
unconstitutional, see history, § 4 ante.

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

70 C. 169, 178, 59 A. R. 404, 11 P. 686, 690 (cited).

As to duty of railroads to adopt time schedule and conform
to same, see Kerr's Cyc. C. C. § 481 and note pars. 69-77.

As to effect of lowering rates by railroad companies for pur-
poses of competition, see Kerr's Cyc. C. C. § 2173 and note par. 3.

As to offense of overcharging for carriage of passengers or
freight, see Kerr's Cyc. Pen. C. § 525 and note.

As to rates of freights and fares, see Kerr's Cyc. C. C. § 489
and note.

§ 2171. WHAT PREFERENCES HE MUST GIVE. A com-
mon carrier must always give- a preference in time, and may
give a preference in price, to the United States and to this
state.

History: Enacted March 21, 1872.

As to compensation of common carriers, reasonableness of,
and the like, see Kerr's Cyc. C. C. § 2178 and note.

As to preferences, see Kerr's Cyc. C. C. § 2170 and note.

As to public nature of coinirion carriers, see Kerr's Cyc. C. C.
§ 2168 and note.

§ 2172. STARTING. A common carrier must start at such
time and place as he announces to the public, unless detained
by accident or the elements, or in order to connect with car-
riers on other lines of travel.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 249.

As to duty of railroad corporation to regulate time schedule
for transportation of persons and property, see Kerr's Cyc. C. C.
§ 481 and note.

1134



I



Tit.VII,ch.V,art.I.] COMPENSATION. §§ 2173, 2174

As to liability for delay, see Kerr's Cyc. C. C. § 2196 and note.
As to obligation to perform, see Kerr's Cyc. C. C. § 2170 and
note.

§ 2173. COMPENSATION. A common carrier is entitled to
a reasonable compensation and no more, which he may require
to be paid in advance. If payment thereof is refused, he may
refuse to carry.

History: Enacted March 21, 1872.

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

As to averment in complaint of discrimination or inequality
not being equivalent to allegation of excessive charge, see
Kerr's Cyc. C. C. § 2170 and note par. 4.

As to jurisdiction of railroad commission to hear and deter-
mine complaints against transportation companies, see Const.
1879 art. XII, § 22, Hen. G. L. p. xcvi.

As to lien for freightage, see Kerr's Cyc. C. C. § 2144 and note.

As to lien on luggage, see Kerr's Cyc. C. C. § 2191 and note.

As to right of carrier to carry for favored individuals at



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