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
§ 34-7-46. Limitation Period for Institution of Action
No action shall be maintained under Code Sections 34-7-41 through 34-7-44 unless commenced within two years from the day the cause of action accrued.
(Ga. L. 1909, p. 160, § 5; Civil Code 1910, § 2786; Code 1933, § 66-405.)
Cross references.- Time limitation on actions against railroad companies for recovery of damages generally, § 46-1-2.
Law reviews.- For article, "Statutes of Limitation: Counterproductive Complexities," see 37 Mercer L. Rev. 1 (1985).
JUDICIAL DECISIONS
Right of action arises upon employee's death.
- Right of action afforded by this article (see now O.C.G.A. Art. 3, Ch. 7, T. 34) to parents of a railroad employee for homicide of such employee does not arise until the death of the employee; consequently, the cause of action is not barred before expiration of two years from the death of the employee, even though more than two years may elapse between the time of injury which results in death and death itself. Dameron v. Southern Ry., 44 Ga. App. 444, 161 S.E. 641 (1931).
Settlement.
- Settlement by a person injured, prior to the person's death, of a right of action arising by reason of an injury will bar recovery for a subsequent death. Dameron v. Southern Ry., 44 Ga. App. 444, 161 S.E. 641 (1931).
RESEARCH REFERENCES
ALR.
- Independent contractor: remedial rights in respect of injuries caused by breaches of positive duties correlative to corporate franchises, 28 A.L.R. 122.
