2009 California Civil Code - Section 2194-2205 :: Article 3. Common Carriers Of Property

CIVIL CODE
SECTION 2194-2205

2194.  Unless the consignor accompanies the freight and retains
exclusive control thereof, an inland common carrier of property is
liable, from the time that he accepts until he relieves himself from
liability pursuant to Sections 2118 to 2122, for the loss or injury
thereof from any cause whatever, except:
   1. An inherent defect, vice, or weakness, or a spontaneous action,
of the property itself;
   2. The act of a public enemy of the United States, or of this
State;
   3. The act of the law; or,
   4. Any irresistible superhuman cause.

2195.  A common carrier is liable, even in the cases excepted by the
last section, if his want of ordinary care exposes the property to
the cause of the loss.

[2196.]  Section Twenty-one Hundred and Ninety-six. A common carrier
is liable for delay only when it is caused by his want of ordinary
care and diligence.

2197.  (a) Liability for storage or equipment rental charges
assessed against a motor carrier by a railroad or steamship company
shall be as follows if the charges arise out of a delay caused by the
consignor or consignee of the freight:
   (1) The consignor is liable to the motor carrier for the charges
if the consignor caused the delay.
   (2) The consignee is liable to the motor carrier for the charges
if the consignee caused the delay.
   (b) Nothing in this section shall affect the rights, duties, and
obligations between a railroad or steamship company and a motor
carrier.

2197.5.  (a) In addition to the liability established by Section
2197, the consignee is liable to the motor carrier for the charges if
the freight is shipped prepaid and the delay was caused by either
the consignor or the consignee.
   (b) Nothing in this section shall affect the rights, duties, and
obligations between a railroad or steamship company and a motor
carrier.

[2200.]  Section Twenty-two Hundred. A common carrier of gold,
silver, platina, or precious stones, or of imitations thereof, in a
manufactured or unmanufactured state; of timepieces of any
description; of negotiable paper or other valuable writings; of
pictures, glass, or chinaware; of statuary, silk, or laces; or of
plated ware of any kind, is not liable for more than fifty dollars
upon the loss or injury of any one package of such articles, unless
he has notice, upon his receipt thereof, by mark upon the package or
otherwise, of the nature of the freight; nor is such carrier liable
upon any package carried for more than the value of the articles
named in the receipt or the bill of lading.

2203.  In respect to any service rendered by a common carrier about
freight, other than its carriage and delivery, his rights and
obligations are defined by the Titles on Deposit and Service.

[2204.]  Section Twenty-two Hundred and Four. If, from any cause
other than want of ordinary care and diligence on his part, a common
carrier is unable to deliver perishable property transported by him,
and collect his charges thereon, he may cause the property to be sold
in open market to satisfy his lien for freightage.

2205.  The liability of any stageline, transfer company, or other
common carriers operating over the public highways for the loss of or
for damage to any baggage shall not exceed the sum of five hundred
dollars ($500) for each trunk and its contents; two hundred fifty
dollars ($250) for each valise, suitcase or traveling bag and its
contents; or two hundred fifty dollars ($250) for each box, bundle,
or package and its contents, unless a higher valuation is declared at
the time of delivery of such baggage to the carrier and assented
thereto in writing by such carrier.
   All baggage presented to the carrier for checking shall be
appropriately tagged by the owner with his name and address.


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