2021 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 8 - Railroad Companies
Article 10 - Liability of Companies for Damages Generally
§ 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

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 company shall be liable to pay damages to anyone whose person or property may be so injured, damaged, or destroyed, notwithstanding any bylaws, rules, regulations, or notices which may be made, passed, or given by such company and which purport to limit the company's liability.

(Ga. L. 1855-56, p. 154, § 2; Code 1863, § 3280; Code 1868, § 3292; Code 1873, § 3368; Code 1882, § 3368; Civil Code 1895, § 2320; Civil Code 1910, § 2779; Code 1933, § 94-702.)

- For article, "Actions for Wrongful Death in Georgia Part Three and Four," see 21 Ga. B.J. 339 (1959). For comment on Atlantic C.L.R.R. v. Dolan, 84 Ga. App. 734, 67 S.E.2d 243 (1951), see 3 Mercer L. Rev. 349 (1952).

ANALYSIS

• General Consideration
• Nature of Duties and Standard of Care
• Duties to Persons
• Injuries to Animals
• Defenses
• Practice and Pleading

RESEARCH REFERENCES

Am. Jur. 2d.

- 65 Am. Jur. 2d, Railroads, §§ 280 et seq., 356 et seq., 473, 474.

12 Am. Jur. Pleading and Practice Forms, Fires, § 2.

- 75 C.J.S., Railroads, §§ 995 et seq., 1153 et seq., 1262.

- Liability of interurban road for killing or injuring livestock running at large, 2 A.L.R. 98; 25 A.L.R. 1506.

Liability of railroad company for interference with fire department while attempting to extinguish fire, 5 A.L.R. 1651.

Liability of street railway company to passenger struck by vehicle not subject to its control, 12 A.L.R. 1371; 31 A.L.R. 572; 44 A.L.R. 162.

Liability of master for damage to person or property due to servant's smoking, 13 A.L.R. 997; 31 A.L.R. 294.

Liability for death of, or injury to, soldier in service of government, by negligently constructed, maintained, or operated railroad, 13 A.L.R. 1028.

Duty of railroad to fence track as against children, 16 A.L.R. 944.

Personal care required of one riding in automobile driven by another as affecting his right to recover against third person, 18 A.L.R. 309; 22 A.L.R. 1294; 41 A.L.R. 767; 47 A.L.R. 293; 63 A.L.R. 1432; 90 A.L.R. 984.

Right of grantor of railroad right of way or his privy to recover damages for interference with surface water by construction of road, 19 A.L.R. 487.

Duty and liability of carrier as to "step box" or other device to facilitate entering and leaving car, 20 A.L.R. 914.

Liability of master for injury to child whom servant permits to ride on wagon or truck, 24 A.L.R. 670.

Liability of railroad company where fence or cattle guard becomes ineffective because of snow, 26 A.L.R. 679.

Independent contractor: remedial rights in respect of injuries caused by breaches of positive duties correlative to corporate franchises, 28 A.L.R. 122.

Liability of railroad company for injuries from negligence of postal clerk on train, 34 A.L.R. 520.

Liability of carrier for injuries from falling articles of freight, 40 A.L.R. 501.

Failure to stop, look, and listen at railroad crossing as negligence per se, 41 A.L.R. 405.

Running past stop signal as wanton or willful misconduct rendering railroad company liable for injury to trespasser, 41 A.L.R. 1354.

Validity and construction, as regards buildings not on right of way, of contract relieving railroad from liability for destruction of buildings, 48 A.L.R. 1003; 51 A.L.R. 638.

Infrequent use of crossing by railroad company as affecting its duty or liability to traveler at crossing, 52 A.L.R. 751.

Duty and liability of carrier as to assisting passenger to board or alight from car or train, 55 A.L.R. 389; 59 A.L.R. 940.

Contributory negligence of one who attempts to cross railroad tracks just after a train, or part of a train, has passed over the crossing, 56 A.L.R. 543.

Duty and liability to passenger temporarily leaving train, 61 A.L.R. 403.

Liability of a railroad for personal injury and property damage caused by frightening horses, 61 A.L.R. 1078.

Liability for injury inflicted when vehicle is struck by overhang of street car rounding curve, 62 A.L.R. 307.

Liability of master for injury to one whom servant, in violation of instructions, permits to ride on vehicle, 62 A.L.R. 1167; 74 A.L.R. 163.

Failure or delay in sounding crossing signals as affecting liability of railroad company to persons not crossing nor about to cross track, 66 A.L.R. 811.

Failure of train employee to discover in time to avert accident that object seen on or near track is human being, as negligence, 70 A.L.R. 1116.

Liability of railroad for damages other than those incident to bodily injury for blocking street or highway crossing, 71 A.L.R. 917.

Liability of railroad company for acts of employees in ejecting trespassers from train, 72 A.L.R. 536.

One in general employment of carrier as servant temporarily of shipper or consignee while aiding in loading or unloading or moving cars, as regards responsibility for his negligence, and vice versa, 102 A.L.R. 514.

Liability for collision between street car and vehicle driven ahead of or toward it along or close to the track, 102 A.L.R. 716.

Part or extent of highway adjoining railroad crossing for condition of which railroad is responsible, 105 A.L.R. 547.

Liability of railroad company for injury to trespassers or licensees other than employees or passengers struck by object projecting, or thrown, from passing train, 112 A.L.R. 850.

Sufficiency of complaint in action against railroad for killing or injuring person or livestock as regards time, and direction and identification of train, 115 A.L.R. 1074.

Liability of railroad for injury to or death of one other than its employee due to defective condition of car received from another railroad which he was unloading or loading, 126 A.L.R. 1095.

Liability for death or injury as result of suction from passing train, 149 A.L.R. 907.

What conduct on part of railroad, in connection with crossing accident, amounts to wantonness, wilfulness, or the like, precluding defense of contributory negligence, 151 A.L.R. 9.

Standing railroad car or streetcar and appliances as attractive nuisance, 152 A.L.R. 1263.

Liability of railway company for personal injury, other than to passenger, caused by defective condition of car delivered to another company, 152 A.L.R. 1313.

Liability of railroad company for negligence in extricating animal caught in tracks or trestle, 159 A.L.R. 152.

What amounts to negligence of gate tender at railroad crossing, 160 A.L.R. 731.

Duty of railroad toward persons using private crossing or commonly used footpath over or along railroad tracks, 167 A.L.R. 1253.

What causes of loss are incident to the "operation" of a railroad, within clause of contract relieving the railroad from liability, 2 A.L.R.2d 1074.

Liability of carrier for injuries to person boarding vehicle or ship for social or other purposes in connection with a passenger, 11 A.L.R.2d 1075.

Construction and effect of liability exemption or indemnity clause in spur track agreement, 20 A.L.R.2d 711.

Failure of occupants of motor vehicle stalled on railroad crossing to get out and move to place of safety as contributory negligence, 21 A.L.R.2d 742.

Liability of railroad to adult pedestrian attempting to pass over, under, or between cars obstructing crossing, 27 A.L.R.2d 369.

Railroad's duty to children walking longitudinally along railroad tracks or right of way, 31 A.L.R.2d 789.

Attempt to board moving car or train as contributory negligence or assumption of risk, 31 A.L.R.2d 931.

Railroad carrier's liability for loss of baggage or effects accompanying passenger, 32 A.L.R.2d 630.

Duty of railroad to passengers to keep steps or vestibule of car free from debris or foreign substances other than snow or ice, 34 A.L.R.2d 360.

Railroad's liability for injury or damage from collision of road vehicle with train or car at place other than crossing, 44 A.L.R.2d 680.

Liability of carrier to passenger injured by hurling of object through window by a third person, 46 A.L.R.2d 1098.

Duty of railroad company toward employee with respect to close clearance of objects alongside tracks, 50 A.L.R.2d 674.

Status of employee or his family traveling on employer's interstate conveyance by means of pass issued pursuant to specific provision of employment or collective bargaining agreement, 55 A.L.R.2d 766.

Railroad company's liability for injury or death of pedestrian due to condition of surface of crossing, 64 A.L.R.2d 1199.

Liability of railroad for injury or damage resulting from motor vehicle striking bridge or underpass because of insufficient vertical clearance, 67 A.L.R.2d 1364.

Liability of railroad for injury due to road vehicle running into train or car standing on highway crossing, 84 A.L.R.2d 813.

Railroad's liability for crossing collision as affected by fact that train or engine was backing or engine was pushing train, 85 A.L.R.2d 267.

Failure of signaling device at crossing to operate, as affecting railroad company's liability, 90 A.L.R.2d 350.

Railroad's liability to owner or occupant of motor vehicle for accident allegedly resulting from defective condition of road surface at crossing, 91 A.L.R.2d 10.

Railroad's liability for injury or death of one other than employee because of alleged unsafe or defective condition of its own freight car which he was loading or unloading, 99 A.L.R.2d 176.

Contributory negligence of child injured while climbing over or through railroad train blocking crossing, 11 A.L.R.3d 1168.

Validity, construction, and effect of agreement, in connection with real-estate lease or license by railroad, for exemption from liability or for indemnification by lessee or licensee, for consequences of railroad's own negligence, 14 A.L.R.3d 446.

Liability, because of improper loading, of railroad consignee or his employee injured while unloading car, 29 A.L.R.3d 1039.

Railroad's liability for injury to or death of child on moving train other than as paying or proper passenger, 35 A.L.R.3d 9.

Carrier's liability for injury or death of infant passenger as affected by fact that child was in custody of parent or other adult, 74 A.L.R.3d 1171.

Validity of release of prospective right to wrongful death action, 92 A.L.R.3d 1232.

Application of res ipsa loquitur doctrine to accidents incurred by passenger while boarding or alighting from a carrier, 93 A.L.R.3d 776.

Liability of common carrier for personal injury or death of passenger occasioned by inhalation of gases or fumes from exhaust, 99 A.L.R.3d 751.

Width or design of lateral space between passenger loading platform and car entrance as affecting carrier's liability to passenger for injuries incurred from falling into space, 28 A.L.R.4th 748.

Liability of land carrier to passenger who becomes victim of third party's assault on or about carrier's vehicle or premises, 34 A.L.R.4th 1054.

Liability of land carrier to passenger who becomes victim of another passenger's assault, 43 A.L.R.4th 189.

Measure and elements of damages for injury to bridge, 31 A.L.R.5th 171.

Liability of owner or operator of shopping center, or business housed therein, for injury to patron on premises from criminal attack by third party, 31 A.L.R.5th 550.