When act of God or contract exception available as defense

In order for a bailee to avail himself of an act of God or an exception under the contract as a defense, he must establish not only that the act of God or excepted fact ultimately occasioned the loss but that his own negligence did not contribute to the loss. History. Civil Code 1895, § 2265; Civil Code 1910, § 2713; Code 1933, § 12-106. History of Section. This Code section is derived from the decision in Richmond & D.R.R. v. White & Co., 88 Ga. 805, 15 S.E. 802 (1892).