« PreviousContinue »
do so and injury results the company is liable. (Kline v. S. P. R. R., 37 Cal. 400. Note citations: 41 Am. Dec. 477; 82 Am. Dec. 294; 2 Am. St. Rep. 546; 7 Am. St. Rep. 604; 49 Am. St. Rep. 418.)
A passenger who is forcefully ex elled, and receives injuries, is not required to exercise the highest degree of care and caution to avoid the consequences of such injury. It is enough that he exerrised reasonable care. This section imposes a positive duty on the conductors and managers of railroad trains, but not on passengers. (Bland v. S. P. R. R., 65 Cal. 626, 4 Pac. 672.)
Where a passenger has once paid his fare he cannot be ejected for refusing to pay a second time, and it will be no defense to an action against the company for a wrongful expulsion that its conductor was honestly mistaken. (Gorman v. So. Pac. Co., 97 Cal. 6, 33 Am. St. Rep. 157, 31 Pac. 1112.)
OFFICERS TO WEAR BADGE.
Sec. 488, C. C. Every conductor, baggage-master, engineer, brakeman, or other employee of any railroad corporation, employed on a passenger train or at stations for passengers, must wear upon his hat or cap, or in some conspicuous place on the breast of his coat, a badge, indicating his office or station, and the initial letters of the name of the corporation by which he is employed. No collector or conductor, without such badge, is authorized to demand or to receive from any passenger any fare, toll, or ticket, or exercise any of the powers of his office or station; and no other officer or employee, without such badge, has any authority to meddle or interfere with any passenger or property. En. March 21, 1872.
See sec. 487, C. C., supra.
Cox v. Los Angeles Terminal Ry., 109 Cal. 104, 41 Pac. 794.
Construction of Section.-The section is not intended to limit the power of the corporation, but is for the protection of passengers, and a passenger does not become entitled to free transportation by reason of the omission of the conductor to put on the badge, and where the passenger recognizes the conductor as such, but refuses to pay his fare without such objection, if excluded from the car for refusal to pay fare, he is deprived of no right. (Cox v. Los Angeles Terminal Ry., 109 Cal. 100, 41 Pac. 794.)
This section denies to other officers or employees than the conductor the authority to meddle or interfere with passengers, without
badge. (Cox v. Los Angeles Terminal Ry., 190 Cal. 100, 41 Pac. 794.)
RATES OF CHARGES.
Sec. 489, C. C. All railroad corporations must fix and publish their rates of charges for freightage and fares from one depot to another, on their various lines of road in this state, graduated as follows:
1. One rate of charges per mile for a distance of one hundred miles, or over;
2. One rate for a distance of seventy-five and less than one hundred miles, charging not exceeding ten per cent per mile inore than the first rate;
3. One rate for a distance of fifty and less than seventy-five miles, charging not exceeding fifteen per cent per mile more than the first rate;
4. One rate for a distance of twenty-five and less than fifty miles, charging not exceeding twenty per cent per mile more than the first rate;
5. One rate for a distance not exceeding twenty-five miles, charging not exceeding twenty-five per cent per mile more than the first rate.
But in no case, nor in any class of charges hereinbefore named, shall any railroad corporation charge or receive more than ten cents per mile for each passenger, nor fifteen cents per mile for each ton of freight transported on its road. For every transgression of these limitations the corporation is liable, to the party suffering thereby, treble the entire amount of fare or freightage so charged to such party. In no case is the corporation required to receive less than twenty-five cents for any one lot of freight for any distance. En. March 21, 1872.
Asking or receiving illegal fare a misdemeanor: Pen. C., sec. 525. Rates of charges on street railroads: Post, sec. 501, C. C.
Power of railroad corporations to charge tolls or compensation: Sec. 465, subd. 8, C. C.
See sec. 478, C. C., supra.
Robinson v. Southern Pacific Co., 105 Cal. 545-549, and 555, 38 Pac. 94, and 722.
Construction of Section.-Conceded, without deciding, that this section was repealed by the constitutional provision (sec. 22, art. XII) providing for a board of railroad commissioners and empowering them to fix rates and fares. (Robinson v. So. Pac. Co., 105 Cal. €44, 38 Pac. 94, 722.)
PASSENGER TICKETS, HOW ISSUED, AND TO BE GOOD FOR
SIX MONTHS. Sec. 490, C. C. Every railroad corporation must provide, and on being tendered the fare therefor fixed, as provided in the preceding section, furnish to every person desiring a passage on their passenger cars, a ticket, which entitles the purchaser to a ride, and to the accommodations provided on their cars, from the depot or station where the same is purchased to any other depot or station on the line of their road. Every such ticket entitles the holder thereof to ride on their passenger cars to the station or depot of destination, or any intermediate station, and from any intermediate station to the depot of destination designated in the ticket, at any time within six months thereafter. Any corporation failing so to provide and furnish tickets, or refusing the passage which the same calls for when sold, must pay to the person so refused all actual damages caused thereby, with reasonable counsel fees expended in recovering same. En. March 21, 1872. Amd. 1900-01, 600.
The original section had, instead of the last sentences above, the following: “Any corporation failing so to provide and furnish tickets, or refusing the passage which the same calls for, when sold, must pay to the person so refused the sum of two hundred dollarg.'
Robinson v. So. Pac. Co., 105 Cal. 537, 540, 542-556, 38 Pac. 94, 722; Southern Pacific Co. v. Robinson, 132 Cal. 411, 413, 416, 418, 420, 64 Pac. 572.
Right to Stop-over. Under this section of the code, a purchaser of a railroad ticket is entitled to stop over at any intermediate station between the station at which the ticket was bought, and the station of his destination, and may resume his journey within six nionths after the purchase of the ticket, and the point named as his destination. His right so to do is not affected by the fact that tte ticket in terms gives the passenger the alternative right to go to one of two points at the same regular fare, when upon the longer route to one station the other station becomes an intermediate point, and the passenger is not bound to take notice of or regulation of the railroad company, requiring the passenger to ride from the intermediate point by the longer route without stop-over in contravention of the statute. (Robinson v. Southern Pa. <ific, 105 Cal. 526, 38 Pac. 94, 722.)
Construction of the Section.—The words “and” and “or" are not ordinarily convertible termes, and the conjunction “and” should not be read disjunctively as equivalent to "or," unless it is entirely manifest from the context that the intention of the law-making power can only be given effect by holding these terms convertible. Held, accordingly, that the word “
"and's as it appears in this section should be read conjunctively. (Robinson v. Southern Pacific, 105 Cal. 526, 38 Pac. 94, 722.)
The fact that section 489 of this code was repealed by section 22 of article XII of the Constitution does not carry with it the repeal of this section, which should be read independently of section 489, and continues in force notwithstanding the repeal of the latter seetion. (Robinson v. Southern Pacific, 105 Cal. 526, 38 Pac. 94, 722.)
The fact that a railroad corporation was organized prior to the adoption of this section, and is not subject to its provisions, cannot inure to the benefit of the lessee of the road, which is a corporation organized under the code, nor exenrpt the lessee from the obligations imposed upon it as a code corporation. (Robinson v. Southern Pacific, 105 Cal. 526, 38 Pac. 94, 722.)
This section is remedial and was enacted solely for the benefit of the traveling public, and is intended only to apply to one who desires the passage contemplated, and to exercise the stop-over privileges conferred, and to resume the passage without paying further fare. (Southern Pacific v. Robinson, 132 Cal. 408, 64 Pac. 572.)
A passenger acting in bad faith, where the passage was not desired by him, and who does not wish to exercise the stop-over privi. lege, but was repeatedly sought for the sole purpose of having the stop-over privilege refused, in order to lay the foundation for many causes of action to recover the penalties prescribed by this section, is not entitled to the privileges of the section. (Southern Pacific 1. Robinson, 132 Cal. 408, 64 Pac. 572.)
The railroad company owes no duty to furnish a ticket to anyone, unless that person desires to put it to the use for which it was made and issued. (Southern Pacific v. Robinson, 132 Cal. 408, 64 Pac. 572.)
This section does not include persons who are mere pretenders, and who act in bad faith toward the railroad corporation and toward the law, but who in fact desire the refusal of the stop-over privilege, and to pay further fare after stopping over in order to fasten penalties upon the corporation and who are not at all damaged by the refusal of the stop-over privilege. (Southern Pacific v. Robinson, 132 Cal. 408, 64 Pac. 572.)
The legislature only intended to give the stop-over privilege to those desiring to exercise it, and such desire is absolutely inconsistent with a desire to have it refused, in order to ay the foundation for a cause of action, by securing such refusal. (Southern Pacific v. Robinson, 132 Cal. 408, 64 Pac. 572.)
CHARACTER OF RAILS TO BE USED.
Sec. 491, C. C. All railroads, other than street railroads and those used exclusively for carrying freight or for mining purposes, built by corporations organized under this chapter, must be constructed of the best quality of iron or street rail, known as T or H rail, or other pattern of equal utility. En. March 21, 1872. Amd. 1873-74, 212.
This section is based on section 57 of the statute of 1861, as amended (Stats. 1862, p. 498). The original section does not contain the words or steel.''
Railroad Commrs. v. Market St. Ry. Co., 132 Cal. 678, 64 Pac. 1065.
Construction of Section. This section applies to steam or commercial railroads. (Railroad Commrs. v. Market St. Ry. Co., 132 Cal. 678, 64 Pac. 1065.)
ELEVATED OR UNDERGROUND RAILWAYS.
Sec. 492, C. C. The legislative or other body to whom is intrusted the government of the county, city and county, city, or town under such regulations, restrictions, and limitations, and upon such terms and payment of license tax as the county, city and county, city, or town authority may provide, may grant franchises for the construction of elevated or underground rail