Damages. delivering the same in his behalf; and if such check is refused on demand, the railroad corporation must pay to such passenger the sum of twenty dollars, to be recovered in an action for damages; and no fare or toll must be collected or received from such passenger, and if such passenger has paid his fare, the same must be returned by the conductor in charge of the train; and on producing the check, if his baggage is not delivered to him by the agent or employé of the railroad corporation, he may recover the value thereof from the corporation. NOTE.-Stats. 1861, p. 623, Sec. 42. The possession of the check is evidence against the company of the receipt of the baggage. It stands in the place of a bill of lading.-Dill vs. Railway Co., 7 Rich., p. 158; Davis vs. Michigan, etc., R. R. Co., 22 Ill., p. 278. If the company gives public notice that it will not be liable for baggage of passengers unless checked, such notice will not have the effect to excuse the company where the passenger delivered his baggage to a proper agent, but was refused a check.-Freeman vs. Newton, 3 E. D. Smith, p. 246. The statements of the conductor, baggagemaster, or stationmaster, in reply to inquiries made by the owner the next morning after the loss, are evidence against the company.— Morse vs. Connecticut River Railway, 6 Gray, p. 450. Proof that the baggage could not be found raises a presumption of negligence on the part of the carrier.Van Horn vs. Kermit, 4 E. D. Smith, p. 453; Garvey vs. C. and A. Railway, p. 280. Says Redfield, in his work on Railways, Vol. II, p. 38, where different railways, forming a continuous line, run their cars over the whole line, and sell tickets for the whole route, and check baggage through, an action lies against either company for the loss of baggage.-Hart vs. Rensselaer and Sar. Railroad, 4 Selden, p. 37. In Cary vs. Cleveland and Toledo Railroads, 29 Barb., p. 35, it was held that the first is liable for the entire route. And in the English case of Mytten vs. Midland Railroad Co., 4. H. & N., p. 615, that the first company was the only one liable to be sued by the passenger, even when the loss occurred upon the line of one of the other companies. 480. Every railroad corporation must make an an report to be verified. nual report to the Secretary of State, or other officer Annual designated by law, of its operations for each year, ending on the thirty-first day of December, verified by the oaths of the President or Acting Superintendent of operations, the Secretary and Treasurer of such corporation, and file it in the office of the Secretary of State, or such other designated officer, by the twentieth day of February, which must state: 1. The capital stock, and the amount thereof actu- Form of ally paid in; 2. The amount expended for the purchase of lands for the construction of the road, for buildings, and for engines and cars, respectively; 3. The amount and nature of its indebtedness, and the amount due the corporation; 4. The amount received from the transportation of passengers, property, mails, and express matter, and from other sources; 5. The amount of freight, specifying the quantity in tons; 6. The amount paid for repairs of engines, cars, buildings, and other expenses, in gross, showing the current expenses of running such road; 7. The number and amount of dividends, and when paid; 8. The number of engine houses and shops, of engines and cars, and their character. report. corporation 481. Every such corporation must start and run Duties of their cars, for the transportation of persons and property, at such regular times as they shall fix by public notice, and must furnish sufficient accommodations for the transportation of all such passengers and property as, within a reasonable time previous thereto, offer or is offered for transportation, at the place of starting, at the junction of other railroads, and at siding and stopping places established for receiving and discharging way passengers and freight; and must take, transport, Same. Corporation to pay for refusal. and discharge such passengers and property at, from, and to such places, on the due payment of tolls, freight, or fare therefor. NOTE.-Railroad companies are common carriers. Chicago and Aurora R. R. Co. vs. Thompson, 19 Ill., p. 578; Heineman vs. Grand Trunk R. R. Co., 31 How. Pr., p. 430; Porter vs. Chicago, etc., R. R. Co., 20 Ill., p. 407; 2 Redfield on Railways, p. 9. They are bound to carry for all persons who offer, unless they have a reasonable excuse for a refusal so to do.-Jencks vs. Coleman, 2 Sumner, p. 221. They may make reasonable regulations as to the mode of performance of their duty as carriers.-Johnson vs. Concord R. R., 46 N. H., p. 213. The validity of such regulations depend upon their reasonableness, which is a question for the jury.-Morris and Essex R. R. Co. vs. Ayres, 5 Dutch, p. 393; State vs. Overton, 4 Zabr., p. 435. REASONABLE REGULATIONS.-Persons may be excluded from depots unless they are holders of tickets. Harris vs. Stevens, 31 Vt., p. 79. Passengers who do not obtain tickets before starting may (if the company has afforded reasonable facilities for procuring tickets) be required to pay a higher rate on the train.-Porter vs. N. Y. Central R. R. Co., 34 Barb., p. 353; State vs. Goold, 53 Me., p. 279; St. Louis, etc., R. R. Co. vs. Dalby, 19 Ill., p. 353. Passengers by freight trains must purchase tickets before entering the cars, or may be ejected. Cleveland, etc., R. R. Co. vs. Bartram, 11 Ohio St., p. 457. Passengers must exhibit tickets when requested by the person in charge of the train.Hibbard vs. N. Y. and Erie R. R. Co., 15 N. Y., p. 455. And must surrender tickets during the trip.-Northern R. R. Co. vs. Page, 22 Barb., p. 130. Passengers stopping over must have their tickets indorsed.-Beebe vs. Ayres, 28 Barb., p. 275. 482. In case of refusal by such corporation or their damages agents so to take and transport any passengers or property, or to deliver the same, at the regular appointed places, such corporation must pay to the party aggrieved all damages which are sustained thereby, with costs of suit. 483. Every railroad corporation must furnish, on the inside of its passenger cars, sufficient room and room inside cars, and be for damages accommodations for all passengers to whom tickets are Furnish sold for any one trip, and for all persons presenting passenger tickets entitling them to travel thereon; and when fare responsible is taken for transporting passengers on any baggage, wood, gravel, or freight car, the same care must be taken and the same responsibility is assumed by the corporation as for passengers on passenger cars. occurring and other on freight cars. tions to post printed regulations, and not responsible damages in rules. 484. Every railroad corporation must have printed Corporaand conspicuously posted on the inside of its passenger cars its rules and regulations regarding fare and conduct of its passengers; and in case any passenger is for injured on or from the platform of a car, or on any bag- violation of gage, wood, gravel, or freight car, in violation of such printed regulations, or in violation of positive verbal instructions or injunctions given to such passenger in person by any officer of the train, the corporation is not responsible for damages for such injuries, unless the corporation failed to comply with the provisions of the preceding section. NOTE.-The five preceding sections were drawn from damages. 485. Railroad corporations must make and main- To pay tain a good and sufficient fence on either or both sides of their track and property. In case they do not make and maintain such fence, if their engine or cars shall kill or maim any cattle or other domestic animals upon their line of road which passes through or along the property of the owner thereof, they must pay to the owner of such cattle or other domestic animals a fair market price for the same, unless it occurred through the neglect or fault of the owner of the animal so killed or maimed. Railroad corporations paying to Not liable the owner of the land through or along which their cases. road is located an agreed price for making and maintaining such fence, or paying the cost of such fence with the award of damages allowed for the right of in certain Corpora tion may recover damages, when. Regulations of trains. Penalty. Passenger refusing to pay fare. way for such railroad, are relieved and exonerated from all claims for damages arising out of the killing or maiming any animals of persons who thus fail to construct and maintain such fence; and the owners of such animals are responsible for any damages or loss which may accrue to such corporation from such animals being upon their railroad track, resulting from the nonconstruction of such fence, unless it is shown that such loss or damage occurred through the negligence or fault of the corporation, its officers, agents, or employés. NOTE.-Stats. 1861, p. 623, Sec. 40. 486. A bell, of at least twenty pounds weight, must be placed on each locomotive engine, and be rung at a distance of at least eighty rods from the place where the railroad crosses any street, road, or highway, and be kept ringing until it has crossed such street, road, or highway; or a steam whistle must b attached, and be sounded, except in cities, at the like distance, and be kept sounding at intervals until it has crossed the same, under a penalty of one hundred ddlars for every neglect, to be paid by the corporation operating the railroad, which may be recovered in an action prosecuted by the District Attorney of the proper county, for the use of the State. The corporation is also liable for all damages sustained by any person, and caused by its locomotives, train, or cars, when the provisions of this section are not complied with. NOTE.-Stats. 1861, p. 623, Sec. 41. 487. If any passenger refuses to pay his fare, or to exhibit or surrender his ticket, when reasonably requested so to do, the conductor and employés of the corporation may put him and his baggage out of the cars, using no unnecessary force, at any usual stopping place, or near any dwelling house, on stopping the train. NOTE. The conductor may, without the use of unnecessary force, remove from the cars a passenger who |