Section 20 of the act prevents carriers doing interstate or foreign commerce business from relieving themselves from liability by special provision in the bills of lading. This is a very salutary act, since it was the common custom of carriers to place many provisions in their bills of lading by which they endeavored to evade their liability as common carriers. It was practically impossible for a shipper to comprehend all the printed stipulations contained in a bill of lading. This provision of the act compelling a common carrier doing an interstate or foreign commerce business to issue a bill of lading by which he is liable, in case of loss, for the real value of the goods lost, is as follows:
"Any common carrier, railroad or transportation company receiving goods for transportation from a point in one state to a point in another shall issue a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage or injury to such property caused by it, or by any common carrier, railroad or transportation company to which such property may be delivered, or over whose lines such property may pass, and no contract, receipt, rule or regulation shall exempt such common carrier, railroad or transportation company from the liability hereby imposed; provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law."
The act also provides that every person or corporation, whether carrier or shipper, who shall knowingly grant, give, solicit, accept or receive any such rebates, concession or discrimination shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one thousand dollars ($1,000.00), nor more than twenty thousand dollars ($20,000.00).
The act also provides that the willful failure, upon the part of any carrier, to file and publish the tariff or rate and charges required by said act, or the failure strictly to observe such tariffs until changed according to law, shall be a misdemeanor, and upon conviction thereof, the corporation offending shall be subject to a fine of not less than $1,000.00 for each offense, nor more than $20,000.00 for each offense.
The act also provides that agents or officers of a corporation convicted of violating the act may be imprisoned not more than two years in addition to the fine. A person delivering property to a carrier for transportation to another state or to a foreign country who shall accept a rebate or offset from the regular scheduled charge shall, in addition to the above described penalties, forfeit to the United States a sum of money three times the amount received from the carrier.
CARRIERS OF PASSENGERS
271. Carriers of Passengers Defined. One who holds himself out as ready and willing to carry from place to place for compensation, all who desire to employ him for this purpose is a public carrier of passengers. The liability of a public carrier of passengers is not the same as that of a common carrier of goods. A common carrier of goods is liable as an insurer of the goods, while a common carrier of passengers is obliged to exercise a high or extraordinary degree of care, only in the protection of passengers. Railroad, steamboat, ferry and omnibus companies are common examples of public carriers of passengers. Owners of buildings operating elevators are in the position of public carriers of passengers. While, strictly, they are not obliged to carry all persons, they operate the elevator publicly for the convenience of their tenants, and their tenants' clients. The liability for injury to passengers of owners of buildings in which elevators are operated is the same as that of public carriers of passengers.
272. Who Are Passengers? A person does not have to be on board a public conveyance to be a passenger. Steamboat companies provide depots, waiting rooms, and wharves for the convenience of passengers. Railroad companies provide depots, rest rooms, and waiting rooms for persons desiring to make use of the railroad. It is said to be the rule, that when a person enters the premises of a public carrier for the purpose of becoming a passenger, he is a passenger from the time he enters upon the property of the public carrier. If a person enters the premises of a public carrier not for the purpose of purchasing a ticket, nor to become a passenger, he is a mere trespasser, and is not entitled to the rights and privileges of a passenger. A person traveling on a pass is a passenger. A carrier of passengers is permitted to enforce reasonable regulations for acceptance of passengers. Until these reasonable rules are observed a person is not a passenger. A person is a passenger until he has a reasonable time to leave the public conveyance and premises of the carrier after reaching his journey's end.
273. Rights and Liabilities of Carriers of Passengers. A public carrier of passengers is obliged to carry all suitable persons who desire to become passengers, so far as the carrier has facilities for their accommodation. The carrier is also obliged to furnish reasonable facilities to accommodate all who may reasonably be expected to present themselves as passengers. A carrier may refuse to carry drunken or disorderly persons, as well as those who, by reason of contagious diseases or for other reasons, are not proper passengers. A carrier may require passengers to purchase tickets before admitting them to the vehicle of conveyance. The carrier is permitted to pass reasonable rules and regulations for conducting his business. Unlike a carrier of goods, a carrier of passengers is not liable as an insurer. A carrier of passengers is bound to exercise extraordinary care in the protection of the passengers, and is liable for any negligence resulting in a passenger's injury, and which is not contributed to by the passenger.
If a passenger refuses to pay his fare, or becomes disorderly, he may be removed by the carrier. The carrier is entitled to use only the force necessary to effect the removal of the passenger. If the passenger is injured by reason of excessive force used by the carrier in, his removal, the carrier is liable in damages. Some states require by statute that carriers remove obnoxious passengers only at regular stations. In the absence of such statutes, a carrier may remove a passenger at any place where he may be removed without injury. If a passenger is injured by reason of his own negligence, or if his own negligence in any way contributed directly to the injury, he cannot recover damages from the carrier.