2020 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 9 - Transportation of Freight and Passengers Generally
Article 4 - Transportation of Passengers
Part 1 - Transportation by Carriers Generally
§ 46-9-131. Extent of Right of Carriers to Refuse Admittance to Persons and to Eject Passengers
Carriers of passengers may refuse to admit to, or may eject from, their conveyances all persons who refuse to comply with reasonable regulations of the carrier or who exhibit improper conduct. Carriers may also refuse to convey persons seeking to interfere with their business or interests.
(Orig. Code 1863, § 2053; Code 1868, § 2056; Code 1873, § 2082; Code 1882, § 2082; Civil Code 1895, § 2296; Civil Code 1910, § 2750; Code 1933, § 18-203.)
Cross references.- Penalty for littering, playing radio on, obstructing operation of, etc., public transit bus, rapid rail car, etc., § 16-12-120.
Penalty for bus or rail hijacking, boarding with concealed weapon, etc., § 16-12-123.
JUDICIAL DECISIONS
Transportation of insane persons.
- Common carriers cannot absolutely refuse by virtue of former Civil Code 1895, § 2296 (see O.C.G.A. § 46-9-131) to transport persons who were insane, but may in all cases insist that they be properly attended, safely guarded, and securely restrained. Owens v. Macon & B. Ry., 119 Ga. 230, 46 S.E. 87 (1903).
Ejection of child.
- A conductor has a right, under former Civil Code 1910, § 2750 (see O.C.G.A. § 46-9-131), to eject a child for non-payment of the child's fare. Georgia Ry. & Power Co. v. Turner, 33 Ga. App. 101, 125 S.E. 598 (1924).
Mistake of conductor immaterial.
- It is no excuse for expulsion that the conductor made a negligent mistake as to the station indicated on the face of the ticket which the plaintiff had exhibited and surrendered to the same conductor. Georgia R.R. & Banking v. Eskew, 86 Ga. 641, 12 S.E. 1061, 22 Am. St. R. 490 (1891).
State regulations preempt carrier's regulations unless invalid.
- Power of common carrier to make reasonable regulations must yield where regulations have been made by authority of state, unless they are invalid. Railroad Comm'n v. Louisville & N.R.R., 140 Ga. 817, 80 S.E. 327, 1915E L.R.A. 902, 1915A Ann. Cas. 1018 (1913).
Carrier's rule making authority in absence of state regulation.
- In the absence of state regulation, making rules and regulations is left to common carrier, subject only to control by the courts of their reasonableness, or discriminatory character. Hughes v. Georgia Power Co., 65 Ga. App. 163, 15 S.E.2d 466 (1941).
RESEARCH REFERENCES
Am. Jur. 2d.
- 14 Am. Jur. 2d, Carriers, §§ 827, 828.
C.J.S.- 13 C.J.S., Carriers, § 505.
ALR.
- Carriers: attempt to have child transported without paying fare, 1 A.L.R. 1451.
Loss of contract or business opportunity as element of damages for wrongful ejection from train or being carried past station, 25 A.L.R. 916.
Carrier's liability to passenger for consequences of ejection or threatened ejection by one employee due to fault of another employee, 36 A.L.R. 1018.
Dispute over payment of fare as justifying arrest of passenger by carrier, 39 A.L.R. 862.
Passenger's waiver of right to seat, 42 A.L.R. 156.
Ejection of passenger as ground of motorbus carrier's liability for subsequent injury or death, 165 A.L.R. 545.
