CIVIL CODE. DIVISION THIRD, PART IV-Continued. TITLE VII. CARRIAGE. CHAPTER I. Carriage in General. 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 2086. Carriage is either: 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- 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. |