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business hours. Thus, where a package of money was tendered to the teller of a bank at 5:30 P. M., banking hours closing at 4:00 P. M., and acceptance refused, and the money was stolen from the express office during the night without the express company's fault, the express company was not liable, it holding the package after such tender as a gratuituous bailee and as such would be liable only for gross negligence. An express company has the same lien as other common carriers for its charges.

SECTION XI.

TELEGRAPH AND TELEPHONE COMPANIES.

There is some analogy between telegraph and telephone companies and common carriers, but while they are public service corporations, and are bound to serve the public with impartiality, and must exercise due diligence in the discharge of their duties, they are not insurers, but are only liable for loss incurred through their negligence or wilful default. In regard to exempting themselves from liability for their own negligence or the negligence of their servants, they stand upon the same footing as common carriers. Our statutes give telephone and telegraph companies the right of eminent domain. A telephone or telegaph line running along a street is an additional burden or servitude and abutting owners are entitled to compensation for such use. A telephone or telegraph company is liable for damages resulting from the negligent construction or maintenance of its line, and is entitled to the protection of its property from trespassers.

It is the duty of a telegraph company to transmit all messages offered, correctly and without delay, and deliver the same as designated by the sender. Whether the company has violated its duty is largely to be determined by the facts of each particluar case. The company must make diligent search to find the person to whom the message is addressed, but, like an express company, it will not be required to deliver messages, where the amount of business does not justify the employment of a messenger, or when the party lives outside of the usual delivery district. A telegraph company has the right to provide reasonable rules for the conduct of its business it may establish reasonable office hours. A regulation that all claims must be presented within a certain

time is valid, if such time be not cut unreasonably short. Stipulations on printed blanks limiting the liability of telegraph companies in cases of error, delays and non-delivery of messages from whatever cause occurring are against public policy and void. A stipulation upon a telegraph blank that the company will not be liable for mistakes or delays in the transmission or delay of any unrepeated message, whether happening by the negligence of its servants or otherwise, beyond the amount received for sending the same, is void so far as it attempts to limit the liabilty for a want of ordinary care and diligence, and where it took two days to deliver a message to a party twelve miles away, by reason of which the party lost the sale of a horse, the company was held liable for the actual damage, notwithstanding the plaintiff had sent an unrepeated message. And where night messages were sent at half rates on condition that the company was not to be liable for errors or delays in the transmission or for the non-delivery of such messages, from whatever cause occurring, but should only be liable for the amount paid by the sender, the provision was declared void in so far as it undertakes to protect the company from liability for the negligence or fraud of its agents. A telegraph company need not transmit messages which are immoral or indecent and a telephone company may insist that no indecent or profane language shall be used over its line and may refuse to serve a subscriber using such language.

SECTION XII.

COMMON CARRIERS OF PASSENGERS.

Definition. A common carrier of passengers is one who carries all persons indifferently, who may apply for passage. While most carriers of goods are also carriers of passengers, the undertaking is somewhat different. The contract for the carriage of goods is a bailment and the carrier is liable for all injuries to the goods except those resulting from the act of God, the public enemy or the owner, while the liability of a carrier of passengers does not depend on a contract of bailment but rests on the duty to carry safely imposed by law. The carrier of passengers is not an insurer, but becomes liable only when he is negligent and does not use the utmost care and diligence in carrying them.

When the relation begins.-The liability of the com

mon carrier of passengers begins when a person puts himself under the care of the carrier with the intention of becoming a passenger and is accepted as such by the carrier. It is not absolutely necessary that a ticket should have been bought, although this is good evidence of the fact. The relation usually exists before entering the vehicle. Buying a ticket or paying the fare in cash, usually constitutes one a passenger. It is the duty of the carrier to provide reasonably safe stations, whether permanent or temporary, where passengers may await the arrival of trains, and where an intending passenger is about to take a train in the course of regular passenger traffic, the implied invitation of the company so far as the safety of its platform is concerned, extends to those who go there to meet friends expected to arrive. It is the duty of a railroad company to keep its depot open and lighted for the convenience and safety of those who may leave or take the train at such station. A person riding on a train without the consent or knowledge of the carrier is a mere trespasser and the relation of passenger and carrier does not exist. A person who had paid his fare on a freight train, if he is injured while occupying a place in a box car, and in charge of horses therein, not having the consent of the conductor to ride there and the conductor being without knowledge of his position, cannot hold the company for injuries there received. A newspaper agent on a train is not a passenger but a mere licensee. One who rides on a timber or gravel train, or on a hand car or on the ticket of another, or on an expired ticket, usually is not a passenger, but persons riding on passes are passengers and and also one riding on a drover's pass. A postal clerk is considered a passenger for hire.

When the relation terminates.-The relation or passenger and carrier once existing, it usually continues until the end of the journey on the line of the particular carrier has been been reached. One travelling on a railroad remains passenger until he has had a reasonable opportunity to leave the carrier's premises in the usual and proper way. It is the duty of the carrier to provide a safe place for passengers to alight on reaching their destination and to render reasonable assistance to enable such as appear to require it to safely alight from the train.

Regulations. A carrier of passengers has the right to

make reasonable rules and regulations for the safe and orderly conduct of its business and to protect itself against impositions, and the passengers will be bound thereby. Our supreme court has held a regulation to be reasonable which sets apart one car primarily for the use of women and men travelling with them; also, that a passenger must purchase a stop-over ticket if he desires to stop over at any intermediate place. A passenger may be ejected if he refuses to pay fare upon another train, even though it was through the fault of the conductor of the first train that he did not obtain a stopover ticket, but the company may be liable to him for the fault of the first conductor. A railroad company is not obliged to stop all its passenger trains at all its stations. If some such trains stop, it is sufficient, and a regulation that others shall not stop is reasonable. Hence, a through train need not be stopped to let a passenger off at such a station. The carrier may insist on the fare in advance and that a passenger buy and show his ticket before he enters the train, provided an opportunity be given him to buy a ticket. A regulation charging somewhat more if the passenger pays cash on the train, when he has had opportunity to buy a ticket but fails to do so, is reasonable. A carrier may refuse passage to persons who are disorderly.

Duties and liabilities.-It is the duty of a carrier of passengers to use ordinary care and diligence in carrying them. It need not carry on Sunday. It must exercise the the highest degree of care in having a safe roadbed and appliances and must furnish all modern improvements which enhance the safety of transportation. It is not, however, obliged to adopt new and untried inventions not in general use. A carrier must use great care in the inspection of its passenger equipment and roadbed, and must employ competent servants, and in a Wisconsin case where a conductor kissed a female passenger while on the train against her wishes, the company was held liable. The carrier is liable for injury received by a passenger from a fellow passenger or third person if it might have foreseen the injury and did nothing to prevent the same. It is the duty of the carrier to give a reasonable warning before the starting of trains and a sudden starting of a train while a passenger is attempting to board it is such negligence as will warrant a recovery for resulting injury. Where a boy took passage on a freight

train and paid his fare, it was the duty of the conductor to inform the boy that it was the intention to first run by the station and then back down to the platform, and the boy was not guilty of contributory negligence when he jumped from the slowly moving train as it passed the station, upon the statement of a passenger that he thought the train would not stop. But a passenger assumes the risk of jumping from a moving train at a station where the train is not scheduled to stop, and it is immaterial that the conductor accepted fare to that station and promised to slow-up thereat. It is the duty of the passenger to ascertain before boarding the train whether it stops at his destination, and a conductor has not apparent authority to bind the company by his promise that he will stop at a station contrary to the published schedule. The carrier must awaken a passenger occupying a berth in a sleeping car in time to make the necessary preparation to leave the car in a suitable and decent manner upon reaching destination, and if it fails in this, it must hold the train for a sufficient length of time to enable the passenger to make such preparation. Passengers are entitled to seats and if there is no room in the general passenger cars, and there is room to seat them in the ladies' car, it is then the duty of the person in charge to admit all passengers requiring seats to such car. Our statutes provide that a passenger can be ejected when refusing to pay fare only at any usual stopping place or near a residence. A conductor is also vested with the powers of an officer for the purpose of keeping the peace and making arrests on the train. If the parts of a round trip ticket become detached without fault of the holder, and both are presented to the conductor on the outward trip, the right of passage thereon is not forfeited.

Baggage.-Baggage has been defined to be whatever the passenger takes with him for his personal use or convenience according to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities or to the ultimate purpose of the journey. Whether a given article is baggage will depend much on circumstances, such as the length and purpose of the journey, whether travelling for business or pleasure, etc. Thus, the price book of a travelling agent, the easel of an artist, the surgical instruments of an army surgeon, the tools of a mechanic, the books of a student when carried in furtherance of the object of the

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