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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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unreasonably low rate or even gratis, see Kerr's Cyc. C. C. § 2170
note pars. 2, 3.

As to state authority over railroad corporations and right to
regulate fares and freights, see Const. 1879, art. XII § 20, Hen.
G. L. p. xcvi.

§ 2174. OBLIGtATIONS OF CARRIER ALTERED ONLY BY
AGREEMENT. The obligations of a common carrier cannot
be limited by general notice on his part, but may be limited
by special contract.

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

See Kerr's Cyc. C. C. for 16 pars, annotation.

120 C. 156, 158, 159 (applied and construed), 47 P. 874, 52 P.
302, 40 L. 350; 151 C. 763, 767, 770, 91 P. 603 (construed with
§ 2175 — rule of common law as to ordinary negligence has been
abrogated); 2 C. A. 173, 175, 83 P. 265 (cited as to power to limit
liability).

As to agent's power to bind owner by contract for limiting
liability, see 7 Am. R. & Corp. Rep. 308-311.

As to benefits under special contract inuring to connecting
carrier, see 7 Am. R. & Corp. Rep. 323-325.

As to burden of proof upon contracts restricting liability, see
7 Am. R. & Corp. Rep. 327-337.

1135



§ 2174 CIVIL CODE. [Div.III,Pt.IV.

As to carrier's inability to exempt itself from liability for
negligence, fraud, or wilful wrong, see Kerr's Cyc. C. C. § 2175
and note.

As to carrier's liability in general, see Kerr's Cyc. C. C. §§ 2096,
2100, 2114, 2168 and notes.

As to carrier's right to limit his common-law liability for
loss not due to negligence, see 7 Am. R. & Corp. Rep. 282, 283.

As to cuiiQict of laws regarding limitation of liability, see 88
A. S. 125, 129.

As to consideration for agreement limiting liability, see 7 Am.
R. & Corp. Rep. 311-314.

As to effect of change of route or mode of carriage upon con-
tract limiting liability, see 7 Am. R. & Corp. Rep. 337.
As to exemption from liability, in general, see 10 L. 417.
As to exceptions to common carrier's liability, see Kerr's Cyc.
C. C. § 2194 and note.

As to failure to read bill of lading, assent of shipper, etc.,
see 88 A. S. 82, 83.

As to general doctrine of limitation of liability, see 32 A. D.
497-500.

As to gratuitous carriage of property and limitation of lia-
bility thereon, see 7 Am. R. & Corp. Rep. 299, 300.

As to interstate law and law of place as applied to limitations
of liability, see 7 Am. R. & Corp. Rep. 325-327.

As to limitation of express companies' liability, see 61 A. S.
363.

As to limitation of liability by advertisements, see 32 A. D.
505.

As to limitation of liability by contract, see 10 L. 419.
As to limitation of liability by express contract, see 56 A. D.
84; 85 A. D. 230; 13 A. S. 783.

As to limitation of liability given by printing on backs of
receipts, etc., see 32 A. D. 505.

As to limitation of liability of baggage, transfer companies,
see 34 L. 138, 139.

As to limitation of liability of carrier of messages, see Kerr's
Cyc. C. C. §§ 2161 and 2162 and notes.

As to limitations of carrier's liability by acceptance of ticket,
bill of lading, etc., as stated thereon, see Kerr's Cyc. C. C.
§ 2176 and note.

As to limitations of liability requiring assent by signature,
see Kerr's Cyc. C. C. § 2176 and note.

As to limiting liability as to value, see 61 A. S. 366-369.
As to limiting liability by notice, see 32 A. D. 502-507; 61
A. S. 366; also 32 A. D. 470; 42 A. D. 498; 56 A. D. 84; 7 Am. R. &
Corp. Rep. 300-302.

As to limiting liability over connecting lines, see Kerr's Cyc.
C. C. § 2201 and note, and see 61 A. S. 371; 72 A. D. 231-247; 10
L. 418.

1136



Tit.VII,ch.V,art.I.] void AGREEMENTS. § 2175

As to live stock, carriage of, and contracts limiting- liatiility
therefor, see 67 A. D. 216, 217.

As to requirement that limitations for liability be just and
reasonable, see 7 Am. R. & Corp. Rep. 316; 13 A. S. 784-787; 46
A. S. 778.

As to responsibility of carrier, when terminates, etc., see 56
A. D. 84.

As to restrictions on power to limit liability, see 10 L. 419.

As to stipulations limiting time of bringing action, see 13
A. S. 785.

As to right of carrier to exact special contract from shipper,
see 46 A. S. 777, 780.

As to rule that all limitations of liability are strictly con-
strued against carrier, see 7 Am. R. & Corp. Rep. 316-319.

As to special provisions for carriage of money, etc., by rail-
road companies, see Kerr's Cyc. C. C. § 2169 and note.

Forwarders are not insurers like carriers. — See 88 A. D. 418;
91 A. D. 303; 93 A. D. 106; 99 A. D. 586.

§2175. CERTAIN AGREEMENTS VOID. A common car-
rier cannot be exonerated, by any agreement made in antici-
pation thereof, from liability for the gross negligence, fraud,
or wilful wrong of himself or his servants.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 14 pars, annotation.

118 C. 683, 689, 690, 691, 50 P. 847 (construed and applied); 120
C. 156, 158, 47 P. 874, 52 P. 302, 40 L. 350; 131 C. 582, 586, 587.
589, 63 P. 915 (construed and applied); 151 C. 763, 767, 768, 770
(construed — nothing is added to restrictive force of common-
law rule and section should not be construed as restricting right
of contract to any narrower compass than common law re-
stricted it), 777 (cited in dis. op. to point that the making of a
contract exonerating carrier from liability is prohibited), 91 P.
603, 604, 605, 608.

As to carrier's liability for negligence and effect of special
contracts relieving, or attempting to relieve therefrom, see 32
A. D. 495-507; 50 A. D. 666; 62 A. D. 128-130; 82 A. D. 290-295, 379;
88 A. D. 765; 89 A. D. 163, 164; 91 A. D. 788, 789; 92 A. D. 56, 610;
93 A. D. 73, 167; 94 A. D. 566; 97 A. D. 181, 182; 9 A. S. 795; 13
A. S. 782-787.

As to competency of telegraph companies to stipulate for
limitation of liability for errors arising from any cause except
wilful misconduct or gross negligence, see Kerr's Cyc. C. C.
§ 2162 and note.

As to contracts for exemption from liability for negligence
by stipulations in free pass, see 1 L. 501.

1137



§ 2176 CIVIL CODE. [Div.III,Pt.IV.

As to contracts for exemptions not excusing carrier from
exercising reasonable care, see 7 Am. R. & Corp. Rep. 319, 320.

As to contracts providing for exemption from liability for
negligence, see note 1 L. 500.

As to distinction between negligence of carriers and negli-
gence of agents and servants, see 7 Am. R. «& Corp. Rep. 293-
298.

As to distinction between slight negligence, ordinary negli-
gence, and gross negligence as to carriage of passengers, see
■Kerr's Cyc. C. C. § 2096 and note.

As to limitation of liability for negligence, generally, see 7
Am. R. & Corp. Rep. 284-293.

As to loss by negligence, doctrine that carrier cannot limit
value of goods, see 88 A. S. Ill, 112.

As to ordinary measure of damages for breach of carrier's
obligation to deliver freight, see Kerr's Cyc. C. C. § 3316 and
note.

As to New York doctrine permitting carrier to make special
contract to exonerate himself from effects of gross negligence,
see 32 A. D. 500, 501.

§2176. MOMFICATIOKS THEREOF. A passenger, con-
signor, or consignee, by accepting a ticket, bill of lading, or
written contract for carriage, with a knowledge of its terms,
assents to the rate of hire, the time, place, and manner of
delivery therein stated; and also to the limitation stated
therein upon the amount of the carrier's liability in case prop-
erty carried in packages, trunks, or boxes, is lost or injured,
when the value of such property is not named; and also to
the limitation stated therein to the carrier's liability for loss
or injury to live animals carried. But his assent to any other
modification of the carrier's obligations contained in such
instrument can be manifested only by his signature to the
same.

History; Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, pp. 249-250.

See Kerr's Cyc. C. C. for 22 pars, annotation.

66 C. 294, 299 (construed and applied), 44 A. R. 61, 5 P. 478,
481; 101 C. 187, 195, 35 P. 630 (construed and applied); 113 C.
329, 334, 45 P. 691, 36 L. 648 (construed and applied); 118 C.
683, 689, 691, 50 P. 847 (construed and applied); 131 C. 582, 586,
587, 589, 63 P. 915 (construed and applied).

As to connecting lines and carrier's duty to tranship goods,

1138



Tit.VII,ch.V,art.L] VALUABLE LETTERS. §2177

and as to his liability under special contract, see Kerr's Cyc. C.
C. § 2201 and note; also § 2174 and note.

As to general right of any one to waive advantage of law
intended solely for his own benefit, see Maxims of Jurisprudence,
post § 3513.

As to insurer's non-liability for loss of freight because of
improper deviation from voyage, see Kerr's Cyc. C. C. § 2697 and
note.

As to live stock, carriage of, in general, see 4 L. 545; 9 L. 450.

As to notices printed or stamped on tickets or checks, in gen-
eral, see 32 A. D. 505, 506.

As to passenger being bound by terms and conditions of ticket,
see 5 L. 819.

As to receipt and acceptance of, etc., as proof of assent to its
terms, see 7 Am. R. & Corp. Rep. 304-308.

As to when notice is efficient without assent, see 32 A. D. 506.'

§ 2177. LOSS OF VALUABLE LETTERS. A common car-
rier is not responsible for loss or miscarriage of a letter, or
package having the form of a letter, containing money or
notes, bills of exchange, or other papers of value, unless he
be informed at the time of its receipt of the value of its con-
tents.

History: Enacted March 30, 1874, Code Amdts. 1873-4, p. 250.

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

As to carriage of money, etc., by railroad companies, see
Kerr's Cyc. C. C. § 2169 and note.

As to carriage of treasure, liability for loss, etc., see Kerr's
Cyc. C. C. § 2200 and note.

As to shipper estopped from saying that value of articles is
greater than that on which compensation for carriage is based,
see Kerr's Cyc. C. C. § 2176 and note par. IS.



1139



§ 2180 CIVIL CODE. [Div.III,Pt.IV.

ARTICLE II.

COMMON CARRIERS OF PERSONS.

§ 2180. Obligation to carry luggage [baggage.]

§ 21S1. Luggage deflned. [Blcj-cle.]

§ 2182. Liability for luggage.

§ 2183. Luggage, how carried and delivered.

§ 2184. Obligation to provide vehicles.

§ 2185. Seats for passengers.

§ 2186. Regulations for conduct of business.

§ 2187. Fare, when payable.

§ 2188. Ejection of passengers.

§ 2189. Passenger who has not paid fare.

§ 2190. Fare not payable after ejection.

§ 2191. Carrier's lien.

§ 2180. OBLIGATION TO CARRY LUGGAGE [BAGGAGE].

A common carrier of persons, unless his vehicle is fitted for
the reception of persons exclusively, must receive and carry
a reasonable amount of baggage for each passenger without
charge, except for an excess of weight over one hundred
pounds to a passenger; if such carrier is a proprietor of a
stage line, he need not receive and carry for each passenger
by such stage line, without charge, more than sixty pounds
of baggage.

History: Enacted March 21, 1872; amended March 9, 1878,
Code Amdts. 1877-8, p. 87; by Code Commission, Act March
16, 1901, Stats, and Amdts. 1900-1, p. 414, held unconstitutional,
see history, § 4 ante; amendment re-enacted March 21, 1905,
Stats, and Amdts. 1905, p. 615.

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

70 C. 169, 172, 59 A. R. 404, 11 P. 686, 688 (construed and
applied); 85 C. 329, 330, 20 A. S. 228, 24 P. 610, 9 L. 431 (cited).
See note 11 L. 760.

BAGGAGE OR LUGGAGE,

As to baggage, what constitutes liability of carrier therefor,
etc., see Kerr's Cyc. C. C. §§ 2182, 2183 and notes.

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

As to many miscellaneous matters as to carriers of passengers,
see note § 2100, ante.

1140



Tit.VII,ch.V,art.II.] BAGGAGE. § 2180

As to what is and liability for. — See 71 A. D. 159; 8 A. R.
302; 99 A. S. 343.

Articles used for or by child riding free with parent, right
of father to recover from carrier for loss of as baggage. — See
7 A. C. 61.

Baggageman, act of in receiving articles as baggage, how
far bound on carrier. — See 10 L. N. S. 1119.

Bedding is not.— See 84 A. D. 646; 8 A. R. 300; 1 W. & P. 665.

Bicycles as. — See 47 L. 306; 1 W. & P. 665.

Books are when.— See 14 A. R. 716; 115 Eng. C. L. 321; 20
L. ed. 423; 1 W. & P. 665.

Contributory negligence — Effect of to defeat action for loss
or injury to. — See 11 L. 762.

Definition — Of baggage. — See 51 A. D. 44; 51 A. D. 682; 56
A. D. 460; 71 A. D. 156; 8 A. R. 300; 55 A. R. 252; 59 A. R. 404;
23 A. S. 126; 58 A. S. Ill; 67 A. S. 933; 3 L. 342; 11 L. 759; 12
L. 318; 36 L. 781; 41 L. 333; 60 L. 486; 20 L. ed. 423; 25 L. ed.
531; 1 W. & P. 663.

Same — Of luggage. — See 5 W. & P. 4257.

Same — Of personal luggage. — See 23 A. S. 126: 12 L. 318; 25
L. ed. 531; 6 "W. & P. 5345.

Delay in delivering, right to recover expenses or damages
incident to. — See 7 L. N. S. 188.

Drummer's samples carried as, liability of carrier for.— See
6 A. C. 826, 828; 4 L. N. S. 1033.

Duty of sleeping-car company as to baggage or personal
effects of passengers. — See 9 L. N. S. 407; also note § 2100, ante.

Duty to carry. — See 9 A. C. 199.

Guns, etc., are when. — See 1 W. & P. 666.

Hand baggage — Limitation of liability for loss of baggage
applicable to. — See 5 L. N. S. 650.

House or furniture is not.^See 55 A. R. 252; 1 W. & P. 666.

How far carrier bound by act of baggageman in receiving
articles as baggage. — See 10 L. N. S. 1119.

Husband's right of action for mental suffering from loss of
by intended bride causing postponement of wedding. — See 3
L. N. S. 225.

Implied exception in statute as to free transportation of. —
See 25 L. 569.

Infant traveling with parent without paying fare, loss of
personal effects of, right of parent to recover for as. — See 1
L. N. S. 353.

Inn-keeper's liability for, of guests. — See 2 A. C. 12, 16; 2 A. C.
345, 346; 2 A. C. 488, 491.

Jewelry, etc., is when. — See 45 A. D. 654; 5 A. R. 221; 24 A. R.
268; 57 A. R. 227; 20 L. ed. 423; 1 W. & P. 666.

Liability — For, after reaching destination of passenger. — See
36 L. 781-788,

1141



§ 2180 CIVIL, CODE. [Div.III,Pt.IV.

Same — For injury or loss of^ — As to generally. — See 7 A. C.
57; 9 A. C. 199; 3 L. 342; 11 L. 759.

Same — For money stolen by employee. — See 11 L. 762.

Same — For, not accompanied by passenger. — See 55 L. 650.

Liability — For, termination of. — See 3 L. N. S. 183.

Same — Of carrier for.— See 10 A. C. 893.

Liability — Of carrier for loss of drummer's baggage. — See 4
L. N. S. 1035.

Sanp,e — Of passenger carrier transporting mercliandise en-
trusted to it by passenger.- — See 14 L. 515.

Same — Of sleeping-car company for loss of passenger's prop-
erty left by him in berth while temporarily absent therefrom. —
See 10 A. C. 895.

Limiting liability for — As to, generally, see 5 L. N. S. 650;
8 L. N. S. 199.

Same — Application to hand baggage of limitation of liability
for loss of baggage. — See 5 L. N. S. 650.

Same — By provision in ticket- — As to generally. — See 9 A. C.
909.

Same — Stipulation exempting carrier from liability for pas-
senger's baggage, or limiting amount thereof, does it cover
losses due to negligence. — See 8 L. N. S. 199.

Same — Validity and effect of stipulation in ocean steamship
ticket limiting liability for' passenger's baggage. — See 9 A. C.
913.

Loss of, right to recover expenses and damage incident to. —
See 7 L. N. S. 188.

Merchandise as. — See 24 Am. L. Reg. 175, 178, 28 A. D. 653;
41 A. D. 767; 93 A. D. 140; 43 A. R. 199; 55 A. R. 252; 37 L. ed.
587; 1 W. & P. 667.

Same — Liability of passenger carrier transporting entrusted
to it by passenger. — See 14 L. 515.

Same — Responsibility for loss when carried as. — See 11 L. 761.

Money as. — See 24 A. D. 129; 32 A. D. 455; 51 A. D. 44; 71 A. D.
156; 83 A. D. 143; 5 A. R. 655; 59 A. R. 404; 20 L. ed. 423; 1 W.
& P. 667.

Negligence — Does stipulation exempting carrier from liability
for passenger's baggage, or limiting amount thereof, cover
losses due to. — See 8 L. N. S. 199.

Notice to passenger of non-liability. — See 11 L. 762.

Punitive damages for wanton failure to transport. — See 9
L. N. S. 1218.

Recovery by parent for loss of personal effects of infant that
pays no fare. — See 1 L. N. S. 353.

Responsibility for loss of merchandise carried as baggage. —
See 11 L. 761.

Right of father to recover from carrier for loss as baggage
of articles used for or by his child. — See 7 A. C. 61.

1142



Tit.VII,ch.V,art.II.] LUGGAGE, DEFINED. § 2181

Riglit to recover expenses or damage incident to loss of, or
delay in delivery. — See 7 L. N. S. 188.

Stipulation exempting carrier from liability for passenger's
baggage, or limiting amount thereof, does it cover loss due to
negligence. — See 8 L. N. S. 199.

Sleeping-car company, duty of as to baggage or personal
effects of passengers. — See 9 L. N. S. 407; also note § 2100, ante.

Street-car company as carriers of. — See 9 A. C. 201.

Termination of liability for. — See 3 L. N. S. 183.

Theatrical property as. — See 23 A. S. 126; 12 L. 318; 1 W. & P.
669.

Tools of trade as. — See 1 W. & P. 669.

Validity and effect of stipulation in -ocean steamer tickets
limiting liability for passenger's baggage. — See 9 A. C. 913.

Wanton failure to transport, punitive damages for. — See 9
L. N. S. 1218.

Watch and chain as. — See 8 A. R. 471; 9 A. R. 456; 57 A. R. .
227; 20 L. ed. 423; 1 W. & P. 669.

Wearing apparel. — See 1 A. R. 527; 5 A. R. 655; 1 W. & P. 669.

What constitutes — As to generally, see 6 A. C. 826, 828; 7
A. C. 57, 61.

§ 2181. LUGGAGE DEFINED. [BICYCLE.] Luggage may
consist of whatever the passenger takes with him for his
personal use and convenience, according to tlie habits or
wants of the particular class to which he belongs, either with
reference to the immediate necessities, or to the ultimate
purpose of the journey. No crate, cover, or other protection
shall be required for any bicycle carried as luggage, but no
passenger shall be entitled to carry as luggage more than one
bicycle.

History: Enacted March 21, 1872; amended February 9, 1897,
Stats, and Amdts. 1897, p. 4.

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

70 C. 169, 173, 59 A. R. 404, 11 P. 686, 688 (construed and
applied); 85 C. 329, 330, 20 A. S. 228, 24 P. 610, 9 L-. 431 (construed
and applied).

See note 11 L. 760.

As to baggage on railroad lines, see Kerr's Cyc. C. C. § 479
note pars. 1-7.

As to checks as prima facie evidence of delivery of baggage,
see Kerr's Cyc. C. C. § 479 note par. 12.

As to checks required to be affixed to all baggage and lug-
gage, see Kerr's Cyc. C. C. § 479 and note.

1143



§ 2182 CIVIL CODE. [Div.III.Pt.IV. f.

As to bag-gag-e on lines of connecting carriers, see Kerr's '^

Cyc. C. C. § 479 par. 7. ^

"Baggage" and "luggage" signify same thing. — See 59 A. R. ^

404. !

As to many miscellaneous matters as to carriers of passengers, ■;
see note § 2100, ante.

§21H2. LIABILITY FOR LUGGAGE. The liability of a
carrier for luggage received by him with a passenger is the
same as that of a common carrier of property.
History.: Enacted March 21, 1872.

70 C. 169, 173, 59 A. R. 404, 11 P. 686, 688 (construed and
applied).

As to baggage retained for carrier's benefit, see 36 L. 784.

As to burden of proof in case of loss of baggage, see 36 L.
788.

As to carrier's lien upon baggage for fare, etc., see Kerr's
Cyc. C. C. § 2191 and note.

As to competency of testimony of owner of trunk as to con-
tents, see 56 A. D. 470.

As to duty of carrier when baggage remains uncalled for,
See 36 L. 785.

As to effect of agreement to care for baggage, see 36 L. 785.

As to liability for baggage lost by acts of God, see 11 L. 615.

As to liability of baggage transfer companies for baggage,
see Kerr's Cyc. C. C. § 2168 and note.

As to liability of carrier as warehouseman for baggage, see
36 L. 786.

As to liability of common carrier for baggage after reaching
destination, see 36 L. 781.

As to liability of carrier for baggage in custody of servant.
See 36 L. 788.

As to liability of common carrier of property, see Kerr's Cyc.
C. C. §§ 2114, 2194, 2204 and notes.

As to liability of passenger carrier for baggage, see 56 A. D.
470; 55 A. D. 481.

As to loss of baggage of passenger on boat, see Kerr's Cyc.
C. C. § 2197 and note.

As to many miscellaneous matters as to carriers of passengers,
see note § 2100, ante.

As to negligence of passengers in respect to baggage, see 36
L. 788.

As to sleeping-car company's liability for baggage, see 21 L.
295.

As to when liability of carrier for baggage terminates, see
36 L. 782-784.

1144



Tit.VII,ch.V,art.II.] VEHICLES. PROVIDING. §§2183-2185

8 2183. LUGGAGE, HOW CARRIED A?iD DELIVERED. A

common carrier must deliver every passenger's luggage
whether within the prescribed weight or not, immediately
upon the arrival of the passenger at his destination; and
unless the vehicle would be overcrowded or overloaded
thereby, must carry it on the same vehicle by which he car-
rl th passenger to whom it belonged, except that where
uggage is transported by rail, it must be checked and carried
in a regular baggage car; and whenever passengers neglect
or refuse to have their luggage so checked and transported,
it is carried at their risk.

History: Enacted March 21. 1872; amended March 30, 1874
Code Amdts. 1873-4, p. 250.

70 C 169, 173. 59 A. R. 404, 11 P. 686, 688 (construed and
^^^:^ ZZ mlSlS^ matters as to carriers of passengers.
-i:t llT.^t%.^.e, HahiHty of carrier therefor, and the
like! see Kerr's Cyc. C. C. §i 2181. 2182 and notes.

S2184. 0BLIGATI0> TO PROVIDE VEHICLES. A com-
mon carrier of persons must provide a sufficient number of
vehicles to accommodate all the passengers who can be lea-
sonably expected to require carriage at any one time.
History: Enacted March 21. 1872.
AS to many miscellaneous matters as to carriers of passengers.
''i:t LZleZn; that carriers of P-sons furnish safe and
adequate aPPHances, see Kerr's Cyc. ^JJ^ll^^^^l^^Z, ^^s-
As to requirement that raiiroaa cuipuio-v ^ r> s iSl

sengers sufficient accommodations, sec Kerr's Cyc. C. C. § 483

""IsTo'rights of passengers on overcrowded cars, see Kerr's
Cyc. C. C. § 2100 and note.

s 'MBS SEATS FOR PASSENGERS. A common carrier of
pers^ons'must provide every passenger with a seat. He niust
not overload his vehicle by receiving and carrying more pas-
sengers than its rated capacity allows.

Historr: Enacted March 21. 1872.
1145



§§ 2186, 2187 CIVIL CODE. [Div.III,Pt.IV.

As to duty to accept and carry persons and freight offered,
see Kerr's Cyc. C. C. § 2169 and note.

As to duty to furnish room inside passenger cars, see Kerr's
Cyc. C. C. § 483 and note.

As to many miscellaneous matters as to carriers of passengers,
see note § 2100, ante.



§ 21^. REGULATIONS FOR CONDUCT OF BUSINESS. A

common carrier of persons may make rules for the conduct
of his business, and may require passengers to conform to
them, if they are lawful, public, uniform in their application,
and reasonable.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 10 pars, annotation.

78 C. 360, 364, 20 P. 740 (language of section quoted and con-
strued but section not cited); 97 C. 461, 464, 32 P. 530 (con-
strued and applied); 141 C. 728, 732, 99 A. S. 98, 75 P. 310.

As to many miscellaneous matters as to carriers of passengers,
see note § 2100, ante.

As to passenger's exhibiting and surrendering ticket when
requested, see 5 L. 818.

As to power of conductor to waive rule, see 16 L. 631.

As to reasonable rules for carriage of passengers, see 7 L.
111.

As to rules and regulations railroad coinpanies may make,
see 5 L. 817.

As to tender of reasonable fare, see Kerr's Cyc. C. C. §§ 2187,
2188 and notes.



§ 2187. FARE, WHEN PAYABLE. A common carrier may
demand the fare of passengers, either at starting or at any
subsequent time.

Hi.story: Enacted March 21, 1872.

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

81 C. 296, 298, 15 A. S. 61, 22 P. 859, 6 L. 336 (construed and
applied); 97 C. 461, 464, 32 P. 530 (cited and applied).

As to character of ticket as receipt for passage, see ante
§ 2186 and note, and also 5 L. 818.

As to law requiring conductors to wear badge indicating



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