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Georgia Statutes, Title 46

Georgia/Statutes

← All Georgia coverage

Title 46

14 chapters · 842 sections in this title.

All chapters in Title 46842 Ch 3, ELECTRICAL SERVICE209 Ch 5, TELEPHONE AND TELEGRAPH SERVICE133 Ch 8, RAILROAD COMPANIES128 Ch 9, TRANSPORTATION OF FREIGHT AND PASSEN…106 Ch 4, DISTRIBUTION, STORAGE, AND SALE OF GAS104 Ch 2, PUBLIC SERVICE COMMISSION58 Ch 7, MOTOR CARRIERS53 Ch 4A, PROVISION OF ENERGY CONSERVATION ASS…14 Ch 3A, INTEGRATED RESOURCE PLANNING11 Ch 10, CONSUMERS’ UTILITY COUNSEL DIVISION9 Ch 11, TRANSPORTATION OF HAZARDOUS MATERIALS6 Ch 1, GENERAL PROVISIONS5 Ch 8A, RAPID RAIL PASSENGER SERVICE4 Ch 2A, ELECTRIC UTILITIES GENERALLY2

128 sections·Filtered byTitle 46✕Ch 8✕

O.C.G.A. § 46-8-124 Exercise of power of eminent domain by railroad corporations generally
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In the event a railroad company does not procure, by contract, lease, or purchase, the title to the lands, rights of way, or other property necessary for the construction or connection of the railroad and of such branches and extensions as are necessary or proper for the company …
O.C.G.A. § 46-8-125 Change of general direction and route of railroad
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(a) Any railroad company incorporated under this chapter shall have the power to change the general direction and route of its railroad from that stated in the original petition by a two-thirds’ vote of the capital stock of the corporation represented in person or by written prox…
O.C.G.A. § 46-8-126 Relocation of highways necessitated by construction of crossings
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In all cases where a railroad crosses a highway and the cutting makes a change in the route of any such highway or a change is desirable with a view to easier ascent or descent, the railroad company may take such additional lands for the construction of such highway upon a new ro…
O.C.G.A. § 46-8-127 Regulation of distance between tracks with the same terminal points

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In the selection of the general route for, and in the construction of, a railroad between termini, if another railroad has already been constructed or if the route for another railroad has been selected and the road chartered between the same termini, then the general direction a…

O.C.G.A. § 46-8-129 Construction and maintenance by and at expense of railroad company of cattle guards necessary to protect public roads or private ways crossed by railroad

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(a) Every railroad company shall be required to build and maintain, at its own expense, good and sufficient cattle guards on each side of every public road or private way and on the dividing line of adjoining landowners, at such points where the railroad may cross such public roa…

O.C.G.A. § 46-8-130 Liability of company to landowner for failure to build cattle guard pursuant to Code Section 46-8-129

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If the railroad company fails to build cattle guards pursuant to Code Section 46-8-129 within 30 days after notice, the company shall be liable to the owner of the land for all damages resulting from the failure so to build. For each day elapsing after the 30 day period has expir…

O.C.G.A. § 46-8-131 Construction of cattle guard and farm crossing by railroad company upon request of and at expense of owner of land crossed by railroad right of way

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Whenever the owner of any lands over which any railroad company has acquired a right of way desires cattle guards other than those provided for in Code Section 46-8-129, or desires any farm crossing on his land, it shall be the duty of the railroad company, upon written notice as…

O.C.G.A. § 46-8-132 Construction and applicability of Code Sections 46-8-129 through 46-8-131

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Nothing in Code Sections 46-8-129 through 46-8-131 shall be construed in any way to change the liability of railroad companies for damages to livestock, or to prevent landowners from joining their fences to stock gaps, or to prevent free access from and to the farm crossing. This…

O.C.G.A. § 46-8-133 Alteration of railroad tracks, bridges, and other structures to accommodate motor vehicles

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No railroad, railroad company, railway company, or person, firm, or corporation operating any line of railway in this state shall be required by the commission, or otherwise, to alter its tracks at any underpass, railroad trestle, or bridge; to alter the grade of any public road …

O.C.G.A. § 46-8-150 Qualifications of locomotive engineers

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(a) No railroad company operating trains in this state shall employ or allow in charge of any of its locomotives in this state, as a locomotive engineer (except locomotive engines used in yard service), any person who has not had at least three years’ actual experience as a firem…

O.C.G.A. § 46-8-151 Qualifications of railroad telegraph operators; maintenance of written record of certificate of competency

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(a) No railroad company shall employ in this state any telegraph operator to receive and transmit dispatches governing the movement of trains if such operator is less than 18 years of age, has not had at least one year’s experience as a telegraph operator, and has not stood a tho…

O.C.G.A. § 46-8-152 Limitation of hours of service for railroad employees engaged in train operation

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(a) No railroad company shall require or permit its employees who are engaged in the business of operating its trains over its roads to make runs of more than 13 hours or to make runs aggregating more than 13 hours in any 24 hours, except when such train is detained by reason of …

O.C.G.A. § 46-8-170 Equipping locomotives with signal bells, signal whistles, horns, or headlights

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(a) Each locomotive operated on the line of any railway in this state shall be equipped with a signal bell and a signal whistle or horn. In addition, Page: 695 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:59:55 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN…

O.C.G.A. § 46-8-171 Equipping track motor cars with headlights and red rear lights; promulgation by commission of rules and regulations to carry out Code section

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(a) Common carriers operating railroads and moving locomotives or cars over railroad lines in this state shall equip track motor cars used during the period from 30 minutes before sunset to 30 minutes after sunrise with an electric headlight of such construction and with such can…

O.C.G.A. § 46-8-172 Equipping steam locomotives with automatic door to firebox

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(a) All steam railroad companies operating steam locomotives on their railroads in this state shall provide and equip each steam locomotive so operated in this state with an automatic door to the firebox of such locomotive. Such automatic door shall be so constructed and so opera…

O.C.G.A. § 46-8-190 Erection of blowposts to warn of crossings; duty of locomotive engineers to blow whistle, keep and maintain lookout, and exercise due care upon reaching blowposts

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(a) Upon the line of each railway and at a point 400 yards from the center of its intersection at grade with any public road or street used by the public generally in crossing the tracks of the railway, and on each side of the crossing, there shall be erected by the railroad comp…

O.C.G.A. § 46-8-191 Duty of railroad companies as to erection of blowposts within city limits; exercise of due care by locomotive engineers within city limits; duty of companies and engineers to observe speed-limit ordin

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(a) Within the corporate limits of cities, a railroad company shall not be required either to erect the blowpost provided for in Code Section 46-8-190 or to blow the whistle of its locomotives in approaching a crossing in said corporate limits. However, in lieu thereof, the engin…

O.C.G.A. § 46-8-192 Effect of title on duties or liabilities of railroad companies under other laws

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The enumeration of certain specific duties in this title shall in no way be so construed as to relieve any railroad company from any other duties or liabilities which may be imposed upon it by any other law. (Ga. L. 1918, p. 212, § 5; Code 1933, § 94-508.)

O.C.G.A. § 46-8-193 Duty of enginemen and conductors to stop trains at railroad crossings

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(a) Whenever the tracks of separate and independent railroads cross each other in this state, or whenever any railroad has the tracks of two separate and independent divisions crossing each other in this state, all enginemen and conductors in charge of trains moving on those trac…

O.C.G.A. § 46-8-195 Bringing of actions to compel railroad companies to post crossbuck signs

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The Georgia Department of Transportation or, with respect to roads under its jurisdiction, the governing authority of a county or an incorporated municipality may bring an action in the appropriate superior court to compel a railroad company from posting reflectorized railroad cr…

O.C.G.A. § 46-8-196 Use of standard signs for highway crossings and for advertising or other purposes; mutilation, destruction, and defacement of standard signs; removal of unauthorized signs by county authorities

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(a) It shall be the duty of the Public Service Commission to designate a standard sign or signs and to require the use of same by railroad companies to indicate crossings of public highways across railroads. It shall be unlawful for any person to use a sign similar thereto for ad…

O.C.G.A. § 46-8-197 Legal responsibility of member of train crew, yard crew, or engine crew for occupying or blocking street, road, or highway grade crossing pursuant to employer’s order

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No member of a train crew, yard crew, or engine crew of a railroad common carrier shall be held personally responsible under, or found guilty of violating, any state laws or municipal ordinances regulating or intended to regulate the occupying or blocking of any street, road, or …

O.C.G.A. § 46-8-198 Erection and placement of signboards to warn of drawbridges, grade crossings, and stations at which there is a switch

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(a) Every company operating a railroad in this state shall be required to erect and maintain a signboard at least four feet six inches in height to warn approaching rail traffic of the existence of drawbridges, grade crossings, and stations at which there is a switch. Such a sign…

O.C.G.A. § 46-8-210 Reports by engineers of livestock and other property injured, killed, or destroyed; maintenance of record books

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Every railroad company shall require of every engineer employed by it to render daily to a proper officer an account of any livestock or other property injured, killed, or destroyed, which reports shall be recorded in a book which shall be kept open for inspection by all persons.…

O.C.G.A. § 46-8-211 Report by track and section foremen as to livestock killed

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All track or section foremen shall report, in such manner and at such times as may be required by federal law, the different marks and brands of all livestock killed upon their respective sections, specifying in their report on what part of their sections such livestock were or m…

O.C.G.A. § 46-8-212 Owner’s right of recovery against railroad company causing injury to livestock; right of railroad company to put injured livestock to death

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(a) When any livestock are so injured by the train of any railroad company as to become valueless for ordinary uses, the owner of the livestock may procure the attendance of two disinterested persons to examine the livestock. If these two persons determine the injury to be of suc…

O.C.G.A. § 46-8-230 Appointment of officers by Governor; power of arrest; source of compensation

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Upon the application of the president or resident executive officer of any railroad corporation operating and doing business in this state as a common carrier, the Governor may appoint one or more persons as special officers for the protection of the property and interest of such…

O.C.G.A. § 46-8-231 Powers, duties, and responsibilities of officers generally

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All special officers appointed and commissioned as provided for in this article shall have throughout the state all the powers, duties, and responsibilities of sheriffs or other law enforcement officers of the state while engaged in the performance of their duties as such railroa…

O.C.G.A. § 46-8-232 Qualifications of officers; posting of bond; duration of appointment and commission; filing notice of termination by corporation; revocation of appointment and commission

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(a) Every special officer appointed and commissioned under this article shall be a resident of the United States and of good character. Every such officer shall be required to post a good and sufficient bond payable to the State of Georgia in the sum of $1,000.00, conditioned on …

O.C.G.A. § 46-8-233 Return of processes to county of origin

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All criminal processes served by a special officer shall be returned by him to the county from which the same originated. (Ga. L. 1935, p. 465, § 4.) ARTICLE 8 LIENS AGAINST COMPANIES GENERALLY

O.C.G.A. § 46-8-250 Lien for wages of railroad company employees, generally

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The amounts due employees of any railroad company for wages earned by services rendered to the railroad company shall constitute a lien upon the railroad and other property of the railroad company and shall be superior to the lien of any mortgage or other contract lien executed o…

O.C.G.A. § 46-8-251 Manner of payment after placement of company in receivership; manner of payment and rights of employees after seizure of railroad pursuant to conveyance to secure debt

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(a) Whenever any railroad is seized by any order or process from any court appointing a receiver for the railroad company, it shall be the duty of the judge presiding in the court to order payments on account of the liabilities specified in Code Section 46-8-250 to be made out of…

O.C.G.A. § 46-8-252 Lien for furnishing materials, supplies, and articles necessary for railroad operation and for damages for killing of livestock generally

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All persons furnishing material, supplies, or other articles necessary to the operation of any railroad company operated in this state and all persons having claims against such company for livestock killed by its engines or cars shall have a lien upon the property of the company…

O.C.G.A. § 46-8-253 Manner of payment after placement of company into receivership by judicial proceeding; manner and order of payment and rights of claimants after seizure of railroad

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(a) Whenever any railroad company in operation in this state is put into the hands of a receiver by any court in this state, it shall be the duty of the presiding judge to order the payments on account of the liabilities specified in Code Section 46-8-252 out of the income of the…

O.C.G.A. § 46-8-254 Duties of receivers of railroads as to payment of liens; duties of successors to receivers

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(a) In all cases where the business of any corporation operating a railroad in this state is, by order or decree of any court, placed into the hands of a receiver for the benefit of the creditors or stockholders of the corporation, it shall be the duty of the receiver to apply th…

O.C.G.A. § 46-8-270 Contracts for conditional sales of rolling stock and other equipment

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Any person may make a contract in writing with any company owning or operating a railroad in this state to furnish the company with rolling stock or other equipment, deliverable either immediately or subsequently at stipulated periods. The contract may provide that the purchase m…

O.C.G.A. § 46-8-271 Contracts for lease of rolling stock and other equipment; agreements as to conditional sale upon termination of lease

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The manufacturer, owner, or assigns of any railroad equipment or rolling stock may make a written contract for the lease of such equipment or rolling stock to any company owning or operating a railroad in this state. In such contract, it shall be lawful to agree to a conditional …

O.C.G.A. § 46-8-272 Validity of conditional sales or lease contracts; execution, attestation, and recordation of contracts; marking of locomotive engines and railroad cars so as to indicate ownership

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(a) Every contract authorized by Code Sections 46-8-270 and 46-8-271 shall be good, valid, and effectual to retain the title to the property in the vendor or lessor, or in his assigns, as against the vendee or lessee and as against all persons claiming under the lessee. (b) Such …

O.C.G.A. § 46-8-290 Liability of railroad companies and their officers, agents, and employees for injuries to individuals and for damage or destruction of property generally

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In all cases where an individual is injured, or his property damaged or destroyed, by the carelessness, negligence, or improper conduct of any railroad company or an officer, agent, or employee of such company, in or by the running of the cars or engines of the company, such comp…

O.C.G.A. § 46-8-291 Consent and contributory negligence as defenses; comparative negligence as affecting amount of recovery

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No person shall recover damages from a railroad company for injury to himself or his property where the same is done by his consent or is caused by his own negligence, provided that if the complainant and the agents of the company are both at fault, the former may recover, but th…

O.C.G.A. § 46-8-292 Proof of injury from running of train as prima-facie evidence of lack of reasonable skill and care

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In all actions against railroad companies for damages to persons or property, proof of injury inflicted by the running of locomotives or cars of such companies shall be prima-facie evidence of the lack of reasonable skill and care on the part of the servants of the companies in r…

O.C.G.A. § 46-8-310 Venue for actions against lessee or possessor of railroad

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The lessees of any railroad or the company having possession of the railroad shall be liable to an action of any kind in the same court or jurisdiction as were the lessors or owners of the railroad before the lease. (Ga. L. 1862-63, p. 161, § 1; Code 1868, § 3330; Code 1873, § 34…

O.C.G.A. § 46-8-311 Manner of service of process on lessee of railroad

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When any person is sued as the lessee of a railroad, service of a petition, summons, or other process may be effected by delivering a copy thereof to the depot agent or other officer of such lessee in the county where the action is pending, or by leaving a copy at the place where…

O.C.G.A. § 46-8-312 Service of process on lessor railroad company, generally

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Whenever any railroad company incorporated under the laws of this state or whose line of road may extend into this state has leased its line of road to any person and such lessee is in possession of the road, service on such lessor company may be perfected by delivering a copy of…

O.C.G.A. § 46-8-313 Manner of service where address of president of company unknown

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If the residence of the president of the lessor company is unknown to the plaintiff and his attorney, an affidavit showing the fact, filed with the Secretary of State, together with the petition, shall be sufficient, instead of the notice to the president required in Code Section…

O.C.G.A. § 46-8-314 Venue and service of process in actions against receivers, trustees, and other officers of railroad companies; obtaining leave to sue

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Actions may be brought against receivers, trustees, assignees, and other like officers operating railroads in this state, in the same county, and service may be perfected by serving them or their agents in the same manner, as if the action had been brought against the corporation…

O.C.G.A. § 46-8-330 ‘‘Interurban railroads’’ defined

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As used in this article, the term ‘‘interurban railroads’’ means railroads which are operated by gas or electricity and which run from, into, and between cities. (Ga. L. 1916, p. 44, § 1; Ga. L. 1921, p. 107, § 1; Code 1933, § 94-1001.)

O.C.G.A. § 46-8-331 Incorporation, control, and management of interurban, suburban, and street railroads

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All of the provisions of this title regarding the incorporation, control, and management of railroad companies in general shall also apply to interurban, suburban, and street railroad companies, insofar as such provisions are applicable and appropriate thereto. Any group of at le…

O.C.G.A. § 46-8-332 Power of street, suburban, or interurban railroad corporation to increase capital stock; manner of increase

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(a) Any corporation owning or operating a street, suburban, or interurban railroad in this state shall have the right to increase its capital stock from time to time. (b) In no case shall an increase of capital stock be made except by a vote of two-thirds of the outstanding capit…

O.C.G.A. § 46-8-333 Use of electricity, gasoline, or gas by street, suburban, and interurban railroads; operation of gas and electric plants, generation and furnishing of gas and electricity by railroads

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(a) Any street, suburban, or interurban railroad company may use electricity, gasoline, or gas in propelling its engines or cars, running machinery, and for other purposes. (b) Any such company may operate gas and electric plants and generate and furnish gas and electric light, h…