TITLE VII. CARRIAGE. CHAPTER I. CARRIAGE IN GENERAL §§ 2085-2090. CHAPTER I. CARRIAGE IN GENERAL. SECTION 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 who has begun to carry § 2085. The contract of carriage is a contract for the conveyance of property, persons, or messages, from one place to another. Owner is liable for acts of driver. Pol. Code, § 2936. § 2086. Carriage is either: 1. Inland; or, 2. Marine. § 2087. Carriers upon the ocean and upon arms of the sea are marine carriers. All others are inland carriers. § 2088. Rights and duties peculiar to carriers by sea are Lefined by acts of Congress. § 2089. Carriers without reward are subject to the same rules as employees without reward, except so far as is otherwise provided by this title. § 2090. A carrier without reward, who has begun to per form his undertaking, must complete it in like manner as if he had received a reward, unless he restores the person or thing carried to as favorable a position as before he commenced the carriage. CHAPTER II. CARRIAGE OF PERSONS. ARTICLE I. GRATUITOUS CARRIAGE, § 2096. ARTICLE I. GRATUITOUS CARRIAGE OF PERSONS. § 2096. A carrier of persons without reward must use ordinary care and diligence for their safe carriage. ARTICLE II. CARRIAGE FOR REWARD. SECTION 2100. General duties of carrier. 2101. Vehicles. 2102. Not to overload his vehicle. 2103. Treatment of passengers. 2104. Rate of speed and delays. § 2100. 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. § 2101. A carrier of persons for reward is bound to provile vehicles safe and fit for the purposes to which they are put, and is not excused for default in this respect by any degree of care. § 2102. A carrier of persons for reward must not overerowd or overload his vehicle. § 2103. A carrier of persons for reward must give to passengers all such accommodations as are usual and reasonable, and must treat them with civility, and give them a reasonable degree of attention. § 2104. A carrier of persons for reward must travel at a reasonable rate of speed, and without any unreasonable delay, or deviation from his proper route. CHAPTER III. CARRIAGE OF PROPERTY. ARTICLE I. GENERAL DEFINITIONS, § 2110. II. OBLIGATIONS OF THE CARRIER, §§ 2114-2122. IV. FREIGHTAGE, §§ 2136-2144. V. GENERAL AVERAGE, §§ 2148-2155. ARTICLE I. GENERAL DEFINITIONS. SECTION 2110. Freight, consignor, &c., what. § 2110. Property carried is called freight; the reward, if any, to be paid for its carriage is called freightage; the person who delivers the freight to the carrier is called the consignor; and the person to whom it is to be delivered is called the consignee. ARTICLE II. OBLIGATIONS OF THE CARRIER. SECTION 2114. Care and diligence required of carriers. 2115. Carrier to obey directions. 2116. Conflict of orders. 2117. Stowage, deviation, &c. 2118. Delivery of freight. 2119 Place of delivery. 2120. Obligations of carrier when freight is not delivered to con. signee. 2121. How carrier may terminate his liability. 2122. When consignee cannot be found. (Repealed.) § 2114. A carrier of property for reward must use at least ordinary care and diligence in the performance of all his duties. A carrier without reward must use at least slight care and diligence. § 2115. 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. § 2116. 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 comply with the directions of the consignee, unless the consignor has specially forbidden the carrier to receive orders from the consignee inconsistent with his own. § 2117. 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 unnecessary act which would avoid an insurance in the usual form upon the freight. § 2118. 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. $2119. If there is no usage to the contrary at the place of delivery, freight must be delivered as follows: 1. If carried upon a railway owned or managed by the carrier, 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 delivered 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. § 2120. If, for any reason, a carrier does not deliver freight to the consignee or his agent personally, he must give notice to the consignee of its arrival, and keep the same in safety upc, his sponsibility 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. [In effect July 1, 1874.] § 2121. If a consignee does not accept and remove freight within a reasonable 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 consignee, and giving notice thereof to him. [In effect July 1, 1874.] § 2122 of said Code is repealed. [In effect July 1, 1874.| ARTICLE III. BILL OF LADING. SECTION 2126. Bill of lading, what. 2127. Bill of lading negotiable. 2129. Effect of bill of lading on rights, &c., of carrier. 2131. Carrier exonerated by delivery according to bill of lading. livery. § 2126. 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. Issuing Fictitious Bill of Lading. Penal Code, § 577. § 2127. 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. Delivery without cancelling receipt a penal offence. Penal Code, § 582. § 2128. When a bill of lading is made to " bearer," or |