2020 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 7 - Employment Generally; Employer's Liability
Article 3 - Employer's Liability for Injuries to Railroad Employees
- § 34-7-40. "Common Carrier" Defined
- § 34-7-41. Liability of Common Carrier by Railroad for Personal Injury or Death of Employee Generally
- § 34-7-42. Contributory Negligence of Employee
- § 34-7-43. Assumption of Risk Where Employer Is Contributorily Negligent
- § 34-7-44. Employer Exemptions From Liability Void; Allowable Setoffs
- § 34-7-45. Liability of Receivers, Trustees, and Assignees of Railroad Companies for Coemployees' Negligence; Lien on Railroad Company Income
- § 34-7-46. Limitation Period for Institution of Action
- § 34-7-47. Liability of Railroad Company to Its Employees for Negligence of Employees of Another Railroad Company Using Same Track
- § 34-7-48. Recovery by Employee Working Beyond Limited Hours of Service
- Applicability of general workers' compensation law to railroad common carriers, § 34-9-2.
Liability of railroad companies for damages generally, § 46-8-290 et seq.
Law reviews.- For article, "Actions for Wrongful Death in Georgia: Part One," see 19 Ga. B. J. 277 (1957). For article, "Actions for Wrongful Death in Georgia: Part Two," see 19 Ga. B. J. 439 (1957). For article, "Actions for Wrongful Death in Georgia: Part Two," section two, see 20 Ga. B. J. 152 (1957).
JUDICIAL DECISIONS
When this article governs.
- In a suit brought by an employee of a railway company for damages for personal injury, when the evidence fails to show that the employee was engaged in interstate commerce at the time the employee was injured, O.C.G.A. Art. 3, Ch. 7, T. 34, the Georgia Employers' Liability Act, governs and not federal law. Gay v. Osteen, 56 Ga. App. 224, 192 S.E. 539 (1937).
RESEARCH REFERENCES
C.J.S.
- 30 C.J.S., Employers' Liability for Injuries to Employees, § 102 et seq.
ALR.
- Constitutionality of statutes imposing absolute liability on private persons or corporations, irrespective of negligence or breach of a specific statutory duty, for injury to person or property, 53 A.L.R. 875.
What employees are engaged in interstate commerce within the Federal Employers' Liability Act, 65 A.L.R. 613; 77 A.L.R. 1374; 90 A.L.R. 846.
Duty of railroad toward employees in respect of telltales or other warning of low bridge or other structure over track, 79 A.L.R. 236.
Loaned servant doctrine under Federal Employer's Liability or Safety Appliance Act, 1 A.L.R.2d 302.
Excessiveness or adequacy of awards of damages for personal injury or death in actions under Federal Employers' Liability Act (45 USC § 51 et seq.) - modern cases, 97 A.L.R. Fed. 189.
