JUDICIAL DECISIONS Editor’s notes

— In light of the similarity of the provisions, decisions under former Civil Code 1910, §§ 2767 and 2769; former Code 1933, § 68-504; former Art. 2, Ch. 7, T. 46 are included in the annotations under this article. General rule stated. — Where livestock is properly tendered for transportation to a common carrier, it is bound, under the common law as enlarged by former Civil Code 1910, §§ 2767 and 2769 to receive and transport it with due diligence, and a breach of such duty will render the carrier liable for all proximate damages flowing from the breach of such duty. Youmans v. Georgia & F. Ry., 142 Ga. 781, 83 S.E. 784 (1914) (decided under former Civil Code 1910, §§ 2767 and 2769). Preemption by federal law. — Georgia law is preempted by federal law when the suit involves a passenger or property being transported in interstate commerce; Georgia law is not preempted by federal law when a member of the public (i.e., a person other than a passenger or property-owner whose property is being transported in interstate commerce) sues a carrier that has qualified to conduct both inter- and intrastate commerce in Georgia; Georgia law is not preempted by federal law when such member of the public sues a carrier engaged solely in intrastate commerce. Westport Trucking Co. v. Griffin, 254 Ga. 361, 329 S.E.2d 487 (1985) (decided under former OCGA Art. 2, Ch. 7, T. 46). Operation by nonprofit association as motor carrier for hire required certificate. — Where nonprofit association used trucks owned and operated by association to haul products of association members to and from location in state, and at end of year amount of fees in excess of costs were refunded to members, association was operating as a motor carrier for hire, and was required to obtain a certificate of public convenience and necessity. Southeast Shippers Ass’n v. Georgia Pub. Serv. Comm’n, 211 Ga. 550, 87 S.E.2d 75 (1955) (decided under former Code 1933, § 68-504).