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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 employee of the railroad corporation, he may recover the value thereof from the corporation. En. March 21, 1872.
Section 42 of the railroad act of 1861, 'page 623, is the basis of this section.
ANNUAL REPORT TO BE VERIFIED-FORM OF REPORT.
Sec. 480, C. C. Every railroad corporation must make an annual report to the Secretary of State, or other officer 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 actually paid
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. En. March 21, 1872.
This section, and sections 481, 482 and 483 immediately following, are substantial re-enactments of sections 44, 45, 46 and 48 of the railroad act of 1861 (Stats. 1861, p. 701).
DUTIES OF CORPORATION.
Sec. 481, C. C. Every such corporation must start and run 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, and discharge such passengers and property at, from, and to such places, on the due payment of tolls, freight, or fare therefor. En. March 21, 1872.
Rules and regulations: See post, sec. 484, C. C.
Act compelling railroads to operate roads: See post, Appendix, title “Railroads."
Act exempting railroad constructed at elevation of five thousand feet from operating roads at certain times: See post, Appendix, title "Railroads."
Act organizing railroad commissioners and defining powers: See post, Appendix, title “Railroads."
The basis of this section is found in section 45 of the railroad act of 1861 (Stats. 1861, p. 701).
San Francisco & San Joaquin Ry, Co. v. Leviston, 134 Cal. 44, 66 I'ac. 473.
Construction of the Section.-In construction of section 45 of the railroad act of 1861, which is substantially the same as this section, it is held that these provisions make it obligatory upon railroads to act as common carriers for the conveyance of all passengers and freight that may come to its road for that purpose. And the fact that the road does not connect points of commercial importance does not affect the question. (Contra Costa R. R. Co. v. Moss, 23 Cal. 328. Note citation: 47 Am. Dec. 651. To same effect: Wheeler v. S. F. etc. R. R., 31 Cal. 46, 89 Am. Dec. 147.)
And under the code section it is held similarly in San Francisco etc. Ry. Co. v. Leviston, 134 Cal. 414, 66 Pac. 473.
A railroad company's responsibility as common carrier ceases when the goods are deposited in its warehouse at the destination of the goods, and it is then only liable as a warehouseman. (Jackson v. Sacramento etc. R. R. Co., 23 Cal. 268. To same effect: Wilson v. S. P. R. R. Co., 62 Cal. 172. Note citations: 8 Am. Dec. 216; 24 Am. Dec. 148.)
CORPORATIONS TO PAY DAMAGES FOR REFUSAL.
Sec. 482, C. C. In case of refusal by such corporation or their 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. En. March 21, 1872.
FURNISH ROOM INSIDE PASSENGER-CARS, AND BE RESPON
SIBLE FOR DAMAGES OCCURRING ON FREIGHT AND OTHER CARS. Sec. 483, C. C. Every railroad corporation must furnish, on the inside of its passenger cars, sufficient room and accommodations for all passengers to whom tickets are sold for any one trip, and for all persons presenting tickets entitling them to travel thereon; and when fare 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.
En. March 21, 1872.
Accommodations to be furnished: See ante, sec. 481, C. C.
Pfister v. C. P. R. R. Co., 70 Cal. 173, 59 Am. Rep. 404, 11 Pac. 686.
Liability of Common Carrier.— Upon receiving the reasonable and customary payment therefor, it is a railroad's duty to receive and carry upon its passenger trains all persons desiring to travel thereby, with a reasonable amount of luggage of each passenger without charge. (Pfister v. C. P. R. R., 70 Cal. 173, 59 Am. Rep. 404, 11 Pac. 686. See secs. 2180-2183 et seq., C. C.)
CORPORATIONS TO POST PRINTED REGULATIONS, AND NOT
RESPONSIBLE FOR DAMAGES IN VIOLATION OF RULES. Sec. 484, C. C. Every railroad corporation must have printed and 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 injured on or from the platform of a car, or on any baggage, 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. En. March 21, 1872.
Rules and regulations by carriers of passengers, generally: See sec. 2186, C. C.
Wright v. Cal. Cent. Ry. Co., 78 Cal. 364, 20 Pac. 740; Mitchell v. So. Pac. R. R. Co., 87 Cal. 873, 25 Pac. 245.
“Chair Car.” –Where a railroad company imposed an extra charge for the use of the "chair car,” which charge and regulation for the use of the car were posted, and the attention of a passenger called thereto, no damages can be recovered for ejection from the car when the passenger refused to pay the extra charge. Such a regulation is valid. (Wright v. Cent. Ry. Co., 78 Cal. 364, 20 Pae. 740.)
FENCES-TO PAY DAMAGES-NOT LIABLE IN CERTAIN
CASES-CORPORATION MAY RECOVER DAMAGES, WHEN. Sec. 485, C. C. Railroad corporations must make and maintain 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 & 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 the owner of the land through or along which their 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 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 employees. En. March 21, 1872,
Cost of fencing as element of damages in condemnation: Sec. 1248, C. C. P.
Section 40 of the railroad act of 1861 (Stats. 1861, p. 607), is the basis of this section.
Butte County v. Boydston, 64 Cal. 113, 29 Pac. 511; Hynes v. 8. F. & N. P. R. R., 65 Cal. 318, 4 Pac. 28; So. Pac. Co. v. Burr, 86 Cal. 248, 24 Pac. 1032; McCoy v. Southern Pac. Co., 94 Cal. 570, 29 Pac. 1110; Los Angeles P. & G. Ry. Co. v. Rumpp, 104 Cal. 28, 37 Pac. 859; Baker v. So. Cal. Ry. Co., 110 Cal. 456, 42 Pac. 975; Baker v. So. Cal. Ry. Co., 114 Cal. 508, 46 Pac. 604; Baker F. So. Cal. Ry. Co., 126 Cal. 518, 58 Pac. 1055; Boyd v. So. Cal. Ry. Co., 126 Cal. 573, 58 Pac. 1046.
In the Absence of Statute.-Prior to the enactment of the act of 1861, and its re-enactment in this section of the code, railroad companies were not required to fence their tracks. (Richmond v. S. V. R. R. Co., 18 Cal. 351.)
Sufficient Fence.—Held, under act of 1861, requiring railroad companies to maintain a sufficient fence on both sides of their property, without prescribing what a sufficient fence shall be, must be considered as referring to and adopting the general law fixing the standard of lawful fences. The provisions of such a law are designed for the protection of the owner, and may be waived by him. (Enright v, S. F. & S. J. R. R., 33 Cal. 230. To same effect: Meade v. Watson, 67 Cal. 594, 8 Pac. 311.)