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or messages, from one place to another. En. March 21, 1872.

Owner is liable for acts of driver: Pol. Code, sec. 2936.
Common carriers defined: Post, sec. 2168.
Carriage of property: Post, secs. 2110 et seq.
Carriage of persons: Post, secs. 2096 et seq.
Carriage of messages: Post, secs. 2161, 2162, and 2207

et seq.

8 2086. Different kinds of carriers. Carriage is either: 1. Inland; or, 2. Marine. En. March 21, 1872.

§ 2087. Marine and inland carriers, what. Carriers upon the ocean and upon arms of the sea are marine carriers. All others are inland carriers. En. March 21, 1872.

Inland carriers of property, rights and duties of: Post, secs. 2194 et seq.

Marine carriers, rights and duties of: Post, secs. 2148 et seq., 2197 et seq.

§ 2088. Carriers by sea. Rights and duties peculiar to carriers by sea are defined by acts of congress. En. March 21, 1872.

See post, secs. 2197, 2198.

Rights and duties of carriers generally: Post, secs. 2180 et seq., 2194 et seq.

General average: Post, secs. 2148 et seq.

§ 2089. Obligations of gratuitous carriers. Carriers without reward are subject to th same rules as employees without reward, except so far as is otherwise provided by this title. En. March 21, 1872.

Employees without reward: Ante, secs. 1975 et seq. Service without employment: Ante, secs. 2078 et seq.

$ 2090. Obligations of gratuitous carrier who 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 the person or thing carried to as favorable a position as before he commenced the carriage. En, March 21, 1872.

Compare with secs. 1975, 1976, ante.

CHAPTER II.

CARRIAGE OF PERSONS. Article I. Gratuitous Carriage, $ 2096.

II. Carriage for Reward, s$ 2100-2104.

ARTICLE I.

GRATUITOUS CARRIAGE OF PERSONS.

$ 2096. Degree of care required. $ 2096. Degree of care required. A carrier of persons without reward must use ordinary care and diligence for then safe carriage. En. March 21, 1872.

Duty of gratuitous employee, generally: Ante, secs. 1975, 1976.

Carriers of persons, generally: Post, secs. 2180 et seq.

ARTICLE II.

CARRIAGE FOR REWARD. $ 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. En. March 21, 1872,

Cal.Rep.Cit. 63, 433; 89, 405; 137, 281.

Intoxicated driver, duty to discharge: See Pol. Code, sec. 2933.

Driver to fasten horses while standing: See Pol. Code, sec. 2933.

Negligence of driver, liability of owner for: See Pol. Code, sec. 2936.

$ 2101. Vehicles. A carrier of persons for reward is bound to provide 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. En. March 21, 1872.

Cal.Rep.Cit. 89. 406; 118. 653.

$ 2102. Not to overload his vehicle. A carrier of persons for reward must not overcrowd or overload his vehicle. En. March 21, 1872.

Railroad corporations to furnish accommodations: Ante, sec. 483.

8 2103. Treatment of passengers. 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. En. March 21, 1872.

$ 2104. Rate of speed and delays. 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. En. March 21, 1872.

CHAPTER III.

Article 1.

II.
III.

CARRIAGE OF PROPERTY.
General Definitions, $ 2110.
Obligations of the Carrier, 88 2114-2122.
Bill of Lading, $$ 2126-2132.
Freightage, $$ 2136-2144.
General Average, $$ 2148-2155.

IV.
V.

ARTICLE I.
GENERAL DEFINITIONS.

$ 2110. Freight, consignor, etc., what. $ 2110. Freight, consignor, etc., what. 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. En. March 21, 1872.

Freightage, when to be paid: Post,' secs. 2136 et seq.
For definition of bill of lading, see post, sec. 2126.

ARTICLE II.

$ 2114. $ 2115. $ 2116. $ 2117. $ 2118. $ 2119. $ 2120. $ 2121. $ 2122.

OBLIGATIONS OF THE CARRIER.
Care and diligence required of carriers.
Carrier to obey directions.
Conflict of orders.
Stowage, deviation, etc.
Delivery of freight.
Place of delivery.
Notice when freight not delivered.
When consignee does not accept.
When consignee cannot be found. (Repealed.)

§ 2114. Care and diligence required of carriers. 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. En. March 21, 1872.

Cal.Rep.Cit. 121, 568.

$ 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. En. March 21, 1872.

Employee's duty to obey employer: Ante, sec. 1981.

$ 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 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. En. March 21, 1872.

$ 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 unnecessary act which would avoid an insurance in the usual iorm upon the freight. En. March 21, 1872.

Cal. Rep.Cit. 125, 685.

$ 2118. Delivery of freight. A carrier of property must deliver it to the consignee, at the place to which it is ad

dressed, in the manner usual at that place. En. March 21, 1872.

Cal.Rep.Cit. 94, 178.

§ 2119. Place of delivery. 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. En. March 21, 1872.

Cal.Rep.Cit. 56, 486; 94, 178.
Delivery to connecting carrier: Ante, sec. 2201.

$ 2120. Notice when freight not delivered. 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 upon his responsibility as a warehouseman, until the consignee has had a reasonable time to remove it. If the place of resi. dence or business of the consignee be unknown to the car. rier, he may give the notice by letter dropped in the nearest postoffice. En. March 21, 1872. Am'd. 1873-4, 247. Cal.Rep.Cit. 56, 485; 56, 486; 94, 170; 94, 177; 94, 178;

94, 179; 110, 356.

8 2121. When consignee does not accept. 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 fulfill 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. En. March 21, 1872. Am'd. 1873-4, 248.

8 2122. When consignee cannot be found. (Repealed.) En. March 21, 1872. Rep. 1873-4, 248.

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