THE CIVIL CODE

OF THE

STATE OF CALIFORNIA.

DIVISION THIRD, PART IV-Continued.

1-vol. ii.

CIVIL CODE.

DIVISION THIRD, PART IV-Continued.

TITLE VII.

CARRIAGE.

CHAPTER I. Carriage in General.
II. Carriage of Persons.
III. Carriage of Property.
IV. Carriage of Messages.
V. Common Carriers.

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.

carriage.

2085. The contract of carriage is a contract for Contract of the conveyance of property, persons, or messages, from one place to another.

NOTE.-The contract of carriage is well defined and explained in Edwards on Bailm., pp. 467-8, in the following language: "The law has, indeed, always recognized the existence of a contract, whilst it has at the same time declared the obligation of the carrier to be a public duty, by allowing the plaintiff to vary the form of his action, according to the circumstances of

Different kinds of carriers.

the case, and for the greater convenience of the party
injured."-Boson vs. Sandford, 1 Salk., p. 440; Buddle
vs. Walson, 6 Term. R., p. 369; Dickson vs. Clifton, 2
Wilson, p. 319; Dale vs. Hall, 1 Willis R., p. 282.
"It has also discountenanced and discouraged limita-
tions of his liability by special agreements. The per-
mitting him to be charged in contract, as well as in
tort, is founded on a clear principle of mutual equity;
that there should be a consideration adequate to the
risk on the one side, and due precaution and diligence
exerted on the other."-Jeremy on Law of Car., p.
36. "In every contract for the carriage of goods for
hire, it is a part of the carrier's contract, implied by
law, that he will provide proper carriages or vessels in
all respects adequate for the business or employment
in which he is engaged."-Lyon vs. Wells, 5 East R.,
p. 428. "For, in general, he must answer for the goods
intrusted to him, and deliver them safely at their place
of destination, unless excused by showing a loss for
which he is not responsible."-Story on Bailm., Sec.
549; Edwards on Bailm., pp. 467-8. "There being no
special agreement, the law charges him with the safe
custody of the goods as an insurer; and as he accepts
them for transportation, he is bound to deliver them
safely at the place to which they are addressed, pro-
vided it be on or at the end of his route."-Id.; Door
vs. N. J. Steam Navigation Co., 4 Sand. R., p. 136.
On the subject of special contracts, see Edw. on
Bailm., p. 468; Story on Bailm., Sec. 549. The pre-
ceding is applicable to common carriers of goods, but
may generally, under the limitations provided in each
of the succeeding chapters, apply as well to all kinds of
carriers, so far as the contract is concerned, for the car-
riage of persons, property, or messages. See, also,
Redfield on Carriers, Part II: distinction between
public or common carriers; and Part I: private car-
riers; Sec. 19. The one makes carrying a regular or
constant business, the other for a particular occasion,
pro hac vice, and the like.

2086. Carriage is either:
1. Inland; or,

2. Marine.

NOTE.-The second class, "marine carriers" as they are here called, are treated of in Red. on Carriers and other Bailments, Chap. 27, Sec. 328, et seq., as "car. riers by water;" all others are inland carriers. So, also, Angell on the Law of Carriers, Chap. 11, Sec.

525, et seq., p. 612. This is the first general classifica-
tion for the purposes of this Title.

inland

2087. Carriers upon the ocean and upon arms of Marine and the sea are marine carriers. All others are inland carriers, carriers.

NOTE.-See note to preceding section.

what.

by sea.

2088. Rights and duties peculiar to carriers by Carriers sea are defined by Acts of Congress.

NOTE.-See Acts of Congress relative to carrying passengers.-Acts of 1819, Chap. 46; 1838, Chap. 191; 1843, Chap. 94; 1847, Chap. 16; 1848, Chap. 41; 1851, Chap. 43; 1870-1, Chap. 100.

2089. Carriers without reward are subject to the same rules as employés without reward, except so far as is otherwise provided by this Title.

The

NOTE.-Carriers without consideration, as they are called by Red. on Carriers, etc., Part I, Chap. 2, p. 9, Sec. 11, are not " very numerous," and their rights and duties are not complicated or important. leading case, Coggs vs. Bernard, 2 Ld. Ray., p. 909, S. C. Com., p. 133, was of this character, hence this is named as a special department of the law of carriers. The contract arises in beginning its performance, or in undertaking to perform, without reward. "A common carrier is not liable for the loss of goods entrusted to him for carriage, where it is understood that he (receives or) is to receive no compensation for the carriage, and where he has exercised ordinary diligence in taking care of them; in such case he is liable only as a bailee without hire."-Fay vs. The Steamer New World, 1 Cal., p. 348. The California decisions will be found referred to under their appropriate headings, in Chap. V of this Title.

Obligagratuitous

tions of

carriers.

tions of

gratuitous has begun

carrier who

2090. A carrier without reward, who has begun Obligato 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.

NOTE. This is intended to include messages as well as property. It would be manifestly unreasonable to allow a railway company to eject a passenger upon a

to carry.