Title 46

(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…

(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…

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.)

(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…

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…

(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…

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 …

(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…

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.…

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…

(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…

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…

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…

(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 …

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

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…

(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…

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…

(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…

(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…

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…

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 …

(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 …

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…

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…

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…

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…

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…

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…

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…

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…

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.)

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…

(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…

(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…

By vote of a majority of the outstanding capital stock, any corporation formed under the laws of this state for the purpose of operating by electricity a street railroad, suburban railroad, or interurban railroad, or for the purpose of generating electricity, may guaranty; purcha…

(a) No guaranty or acquisition of stock, securities, property, rights, or franchises of any corporation shall become effective under Code Section 46-8-334 until the expiration of 30 days from the authorization of such guaranty or acquisition by the stockholders. (b) If any stockh…

(a) Before any acquisition under Code Section 46-8-334 of the physical property, rights, and franchises of any corporation shall become effective, the directors of the selling and purchasing corporations shall enter into a joint agreement prescribing the terms and conditions of t…

The consolidated corporation formed pursuant to Code Sections 46-8-334 through 46-8-336 shall have authority to issue its bonds, notes, and other evidences of indebtedness and to secure the same by mortgage or deed of trust, or otherwise, upon all its property or franchises, for …

Any company that extends its railroad into an adjoining state shall not be required to pay to this state or to any county or municipality herein any taxes with respect to so much of the property or capital stock of such company as is situated or employed in the adjoining state. (…

Street, suburban, and interurban railroad companies incorporated under the laws of this state shall have the authority to furnish steam for heating and power purposes to any person within the limits of the counties in which such companies operate, with authority to charge and col…

Any street, suburban, or interurban railroad company may furnish free transportation, over its lines operated in any city, to the members of that Page: 770 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:1:10 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN PUBL…

All street, suburban, and interurban railroad companies may lease or sell their roads, franchises, and other property to any other company created under the laws of this state for street, suburban, or interurban railroad purposes; and their franchises and property so sold shall r…

(a) All street, suburban, or interurban railroad companies incorporated under the laws of this state shall have the power to purchase, acquire, own, hold, lease, operate, mortgage, sell, assign, transfer, pledge, or otherwise dispose of motor buses or trackless trolleys; to purch…

Any company owning, leasing, or operating street railroads, suburban railroads, or interurban railroads in this state shall, by virtue of this Code section, and without any action on the part of the commission, have the right and privilege of substituting what are known as trackl…

Any electric street, suburban, or interurban railroad company which is incorporated under the laws of Georgia and which, in pursuance of the laws of this state, in addition to operating street, suburban, or interurban railroad and bus transportation facilities, is engaged in the …