Webster

Civil Code section 2100 provides that “A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.” The question on appeal is whether the heightened standard of care under this statute applies to all carriers for reward or only to common carriers for reward. Because Civil Code section 2100 codified the common law governing common carriers, we conclude that this statute applies only to carriers of persons for reward who are common carriers and not to private carriers of persons for reward.

Plaintiff Patricia Ann Webster appeals from the judgment entered for defendant H. R. Ebright on the jury verdict in his favor, and from the denial of her motion for judgment notwithstanding the verdict. The locus of her appellate arguments is her theory that there exists a heightened standard of care for all “carriers for reward” under Civil Code section 2100 regardless of whether a defendant is a common carrier. Given the common law lineage of the statute, we find plaintiff’s theory to be untenable and shall therefore affirm.

In light of…