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Voluntary interference with property.

Salvage.

CHAPTER III.

SERVICE WITHOUT EMPLOYMENT.

SECTION 869. Voluntary interference with property.

870. Salvage.

§ 869. One who officiously, and without the consent of the real or apparent owner of a thing, takes it into his possession, for the purpose of rendering a service about it, must complete such service, and use ordinary care, diligence and reasonable skill about the same. He is not entitled to any compensation for his service or expenses, but may deduct actual and necessary expenses incurred by him about such service from any profits which his service has caused the thing to acquire for its owner, and must account to the owner for the residue.

§ 870. Any person, other than the master or seaman who rescues a ship, her appurtenances, or cargo, from danger, is entitled to a reasonable compensation therefor, to be paid out of the property saved. He has a lien for such claim, which is regulated by the title on LIENS.

Baker v. Hoag, 7 N. Y., 557.

TITLE VIII.

CARRIAGE.

CHAPTER I. Carriage in general.
II. Carriage of persons.
III. Carriage of property.
IV. Carriage of messages.
V. Common Carriers.

CHAPTER I.

CARRIAGE IN GENERAL.

SECTION 871. Contract of carriage.

872. Different kinds of carriers.

873. Care and diligence required of carriers.

874. Carriers by railroad and steamboat.
875. Carriers by sea.

carriage.

§ 871. The contract of carriage is a contract for the con- Contract of veyance of property, persons, or messages, from one place to another.

872. Carriers are:

Different kinds of carriers.

1. Inland;

2. Marine.

sea,

Marine and inland car

ed.

§ 873. Carriers upon the ocean, upon arms of the upon the great lakes Ontario, Erie, Huron, Michigan and riers definSuperior, and upon the rivers and canals connecting those lakes with each other, are carriers by sea. All others are inland carriers.

diligence

required of

carriers.

§ 874. A carrier for reward must use at least ordinary Care and care and diligence in the performance of all his duties. A carrier without reward must use at least slight care and diligence.

875. Rights and duties peculiar to carriers by railway Carriers by and steamers, are defined in the POLITICAL CODE.

railroad and steamboat.

Carriers by

sea.

8876. Rights and duties peculiar to carriers by sea, are defined by statutes of the United States.

Care and

skill required of

carriers of persons.

Not to overload his vehicles.

Civility towards

CHAPTER II.

CARRIAGE OF PERSONS.

SECTION 877. Care and skill required of carriers of persons.

878. Not to overload his vehicle.

879. Civility toward passengers.

880. Passengers to have usual and reasonable accommodations. 881. Rate of speed and delays.

882. Time occupied by journey.

§ 877. The carrier of persons must use the utmost care for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.'

1

Ang. on Carr., §§ 521-523, 534-539.

878. He must not overcrowd nor overload his vehicle.' Angell on Carr., § 528; Derwort v. Loomer, 21 Conn., 245.

§ 879. He must treat passengers with civility,' and give passengers them a reasonable degree of attention."

Passengers to have

usual and reasonable

accommodations.

Rate of

speed and delays.

Time occu

pied by journey.

'Story on Cont., § 796 b.

See Hall v. Conn. Steamb. Co., 13 Conn., 319.

§ 880. He must give to passengers all such accommodations as are usual and reasonable.'

1

Story on Bailm., § 597; Ang. on Carr., § 533.

§ 881. He must travel at a reasonable rate of speed, and without any unreasonable delays.

§ 882. He must complete the journey within such time as he engaged to do so, or within a reasonable time, when he has specified none.

CHAPTER III.

CARRIAGE OF PROPERTY.

ARTICLE I. General definitions.

II. Obligations of the carrier.
III. Bill of Lading.
IV. Freight money.

V. General average.

ARTICLE I.

GENERAL DEFINITIONS.

SECTION 883. Freight, consignor and consignee defined.

consignor

883. The property carried is called freight, the person Freight, who delivers it to the carrier is called the consignor, and and conthe person to whom it is to be delivered is called the con- ned. signee.

signee defi

ARTICLE II.

OBLIGATIONS OF THE CARRIER.

SECTION 884. Must obey consignor's instructions.

885. Freight on ship's deck.

886. Delivery of freight.

887. Place of delivery.

888. Obligations of carrier when freight is not delivered to con

signee. Liability as warehouseman.

889. When consignee cannot be found.

§ 884. The carrier must obey all reasonable instructions Must obey

of the consignor concerning the freight.

Story on Bailm., § 509.

consignor's instructions.

Freight on

§ 885. Freight must not be stowed upon the deck of a ship's deck. vessel during a sea voyage, except by permission of the consignor.

Code de Commerce, art. 229.

freight.

§ 886. The carrier must deliver freight to the consignee, Delivery of his agents, or assigns, at the place to which it is addressed, in the manner customary at that place.

Place of delivery.

Obligations

ed to con

ability as

§ 887. If there is no custom to the contrary at the place of delivery, the delivery must be made as follows:

1. If the carrier carries freight upon a railway owned or managed by him, he must deliver it at the station nearest the place to which it is addressed;

2. If he carries freight upon seas, lakes, and navigable streams only, he must deliver it at the wharf where his vessel moors, within a reasonable distance from the place of address, or if there is no wharf, on board a lighter alongside the vessel;

3. In other cases, he must deliver the freight to the consignee or his agent, personally.

§ 888. If for any reason the carrier does not deliver the of carrier when freight to the consignee or his agent personally, he must freight is not deliver- give notice to such consignee of its arrival, and keep the signee. Li- same in safety upon his responsibility as a carrier, until the warehouse consignee has had a reasonable time to remove it.' If it is not removed in a reasonable time, the carrier is thereafter liable as a warehouseman only, and may charge storage; or may place it in a warehouse for the account and risk of the consignee, giving him immediate notice thereof.

man.

When con-
signee can-
not be
found.

1 Price v. Powell, 3 N. Y., 322.

§ 889. If the consignee cannot, with reasonable diligence, be found, the carrier may place the freight in warehouse for his account, but must give notice thereof to the consignor.

Fisk v. Newton, 1 Denio, 45.

Bill of lading, what.

ARTICLE III.

BILL OF LADING.

SECTION 890. Bill of lading, what.

891. Bill of lading negotiable.

892. Effect thereof on rights, &c., of carrier.

893. To be given to consigor.

894. Carrier may demand production thereof.

§ 890. A bill of lading is an instrument in writing, signed by the carrier or his agent, describing the freight so as to identify it, stating the name of the consignor, the

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