Wheeler v. San Francisco & Alameda R.R.

Citations

• 31 Cal. 46

Syllabus

<p>Railroad Companies.—Incorporated railroad companies may contract to carry passengers and freight heyond their own routes.</p> <p>Contracts of Railroad Companies as Common Carriers,—Railroad companies, as common carriers, may make valid contracts to carry passengers or freight beyond the limits of their own road, either by land or water, and thus become liable for the acts and neglects of other carriers in no sense under their control.</p> <p>Railroad Company a Common Carrier.—If a railroad company holds itself out as a common carrier to a point beyond the termination of its road, then it is a common carrier for the whole distance, and if it professes to contract and does contract with and carry persons generally the entire distance, it must treat all alike, and contract with and carry all who apply. This principle applies to the carriage of goods as well as passengers.</p> <p>Railroads may Own Steamboats.—Railroad companies have the right to own and control steamboats for the purpose of transporting their freight and passengers across navigable waters on the line and constituting a part of their routes, and those lying at the end of their roads, separating them from the ostensible and • substantial termini of their routes.</p> <p>Duty op Railroad Companies to use All Persons alike.—If a railroad company holds itself out as a common carrier of passengers by steamboat, across a navigable bay at the end of its route, and does contract generally with persons to convey them over its road and across the bay, then it is its duty to contract with and convey over the road and bay all persons who apply and tender the usual price.</p>