SECTION

3632. Driver bound to exercise the best and soundest judgment. 3633. An instruction upon this principle.

3634.

Bound to warn passengers of any unusual danger.

3635. Stage proprietor bound to carry passenger to end of journey, and set him down safely.

3636. Liability of passenger injured while riding outside.

3637. Injuries from overloading the coach.

3638. 3639.

Overturning of a stagecoach is prima facie evidence of negligence. Injuries from stage overturning in consequence of being overloaded.

3640. Not negligence, as matter of law, for passenger to jump from stage when in peril.

CHAPTER CV.

CARRIERS OF PASSENGERS BY WATER.

ART. I. In General, §§ 3643–3689.

Statutes of the United States Affecting the Rights of such

Passengers, §§ 3695-3715.

ARTICLE I. IN GENERAL,

SECTION 3643.

Shipowners and masters are common carriers.

3644. Bound to receive and carry passengers to and from foreign countries.

3645. Who is a passenger for hire by water.

3646.

3647.

3648.

Who not passengers: persons merely invited or permitted on board.
Soldier transported by Government not a passenger.
Bartender leasing bar is a passenger.

3649. When master of vessel may refuse to receive passengers.

3650. When expel passengers from his vessel.

3651. Must convey passenger to destination agreed upon.

3652. Strict nature of this obligation.

3653. This obligation varied by quarantine regulations.

3654.

3655.

Must take passenger by the agreed route.

Payment of passage money.

3656. When passage money may be recovered back.

3657.

Construction of contracts for carriage of passengers by water.

3658. Duty of carrier as to accommodation and treatment of passengers. 3659. Rights of cabin passengers.

3660.

Excluding such passengers from cabin table.

3661. Passenger entitled to respectful and proper treatment from master,

officers and crew.

3662. Rights of passengers inter sese to berths on steamboats.

3663. Seamen no right to sacrifice passengers to save themselves.

3664.

3665.

3666.

Authority of master of vessel over passengers.

Duty to provide safe means for boarding and disembarking.
Evidence of such means employed by other like vessels.

SECTION

3667. Duty to warn passengers of danger in embarking and disembark

ing.

3668. Right of passenger to safe mode of going ashore at places other than his destination.

3669.

Responsibility of carrier in respect of passenger's baggage. 3670. Baggage unaccompanied by passenger treated as freight. Contracts limiting liability of carrier in respect of baggage. Lien of carrier upon such baggage for passage money.

3671.

3672.

3673.

Non-liability of carrier for baggage remaining in personal custody of passenger.

3674. What constitutes baggage.

3675. Duty of passenger to claim baggage on arriving at port of destina

tion.

3676. Limitations of liability of shipowners by British Merchants' Shipping Act.

3677. Jurisdiction of courts of admiralty over contracts for carriage of passengers by sea.

3678. Parties to actions in case of injuries to passengers from collisions of vessels.

Liability to passengers as between owner and charterer.

Question of liability where passenger is pushed overboard by other passenger.

3679.

3680.

3681.

Non-liability for malpractice of ship's physician.

3682.

3683.

3684.

3685.

Injuries through failure to furnish passengers with seats.
Presumption of negligence in case of injury to passenger.
Injuries through defects in carrier's vessel.

Such accidents where the carrier was exonerated.

3686. Right of injured person to lien on vessel.

3687.

Liability of owner of tugboat for injury to young children coming on board.

3688. Injury to passenger through vessel striking wharf with violence. 3689. Right of passengers to salvage.

ARTICLE II. STATUTES OF THE UNITED STATES AFFECTING THE RIGHTS OF SUCH PASSENGERS.

3696. Condensed statement of provisions of Act of 1871.

3697. Condensed statement of provisions of Act of 1882.

3698.

3699.

3700.

3701. 3702.

Construction of Act of 1871, U. S. R. S., §§ 4399-4500.
Construction of Act of 1819 with regard to number of passengers,
etc.

Construction of Act of 1838, in regard to the inspection of steam
vessels.

Construction of Act of 1855 in regard to berths, overloading, etc. Construction of statutes in regard to providing means of extinguishing fires.

3703. Construction of similar Act of 1852 with regard to presumption of

negligence from bursting of steam boilers.

SECTION

3704. Construction of Act of 1852 as to liability of owner, master, pilot, or engineer.

3705. 3706.

Carrying passengers without statutory license.

Statutory regulations as to inspections of hulls, etc.

3707. Statute of 1864 requiring synopsis of Acts of Congress to be posted

on vessels.

3708. Statute of 1866 concerning the carriage of combustible materials. 3709. Statute of 1871 against carrying refined petroleum.

3710.

3711.

3712.

3713.

3714.

3715.

Statute of 1851 limiting liability of shipowners.

Decisions construing this statute.

Application of this statute in case of the loss of passengers' baggage.

Jurisdiction in certain cases under this statute.

Construction of Act of 1882 for the protection of emigrant passengers.

Limitation of liability to passengers under the "Harter Act."

TITLE SEVENTEEN.

CARRIERS OF PASSENGERS BY LAND AND WATER.