2007 California Civil Code Article 1. Common Carriers In General

CA Codes (civ:2168-2178)

(2168.) Section Twenty-one Hundred and Sixty-eight.  Every one who
offers to the public to carry persons, property, or messages,
excepting only telegraphic messages, is a common carrier of whatever
he thus offers to carry.


2169.  A common carrier must, if able to do so, accept and carry
whatever is offered to him, at a reasonable time and place, of a kind
that he undertakes or is accustomed to carry.



2170.  A common carrier must not give preference in time, price, or
otherwise, to one person over another.  Every common carrier of
passengers by railroad, or by vessel plying upon waters lying wholly
within this State, shall establish a schedule time for the starting
of trains or vessel from their respective stations or wharves, of
which public notice shall be given, and shall, weather permitting,
except in case of accident or detention caused by connecting lines,
start their said trains or vessel at or within ten minutes after the
scheduled time so established and notice given, under a penalty of
two hundred and fifty dollars for each neglect so to do, to be
recovered by action before any Court of competent jurisdiction, upon
complaint filed by the District Attorney of the county in the name of
the people, and paid into the Common School Fund of the said county.



2171.  A common carrier must always give a preference in time, and
may give a preference in price, to the United States and to this
State.


(2172.) Section Twenty-one Hundred and Seventy-two.  A common
carrier must start at such time and place as he announces to the
public, unless detained by accident or the elements, or in order to
connect with carriers on other lines of travel.




2173.  A common carrier is entitled to a reasonable compensation and
no more, which he may require to be paid in advance.  If payment
thereof is refused, he may refuse to carry.



(2174.) Section Twenty-one Hundred and Seventy-four.  The
obligations of a common carrier cannot be limited by general notice
on his part, but may be limited by special contract.



2175.  A common carrier cannot be exonerated, by any agreement made
in anticipation thereof, from liability for the gross negligence,
fraud, or willful wrong of himself or his servants.



(2176.) Section Twenty-one Hundred and Seventy-six.  A passenger,
consignor, 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 property 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.



(2177.) Section Twenty-one Hundred and Seventy-seven.  A common
carrier 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 contents.



2178.  A common carrier of property by steam or electric railroad
which accepts for transportation, storage, handling or safe-keeping,
as a part of or in connection with passenger transportation, property
carried in trunks, valises, suit cases, traveling bags, boxes,
bundles or packages, shall not be liable, in the event of loss of or
injury to the same, for more than one hundred dollars for each trunk
and contents, nor more than fifty dollars for each valise and
contents, or suit case and contents, or traveling bag and contents,
nor more than ten dollars for each box, bundle or package and
contents, unless the carrier shall have consented in writing to
assume a greater liability.  The term "common carrier" as used in
this section shall include sleeping car companies.