2021 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 8 - Railroad Companies
Article 10 - Liability of Companies for Damages Generally
§ 46-8-292. Proof of Injury From Running of Train as Prima-Facie Evidence of Lack of Reasonable Skill and Care

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 reference to such injury.

(Ga. L. 1929, p. 315, § 1; Code 1933, § 94-1108.)

- 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
• Operation of Rule
• When Presumption Vanishes
• Specific Examples
• Instructions

RESEARCH REFERENCES

Am. Jur. 2d.

- 14 Am. Jur. 2d, Carriers, §§ 929, 932, 936.

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

- 74 C.J.S., Railroads, § 864.

- Statute creating presumption of negligence against railroad company as applicable to receiver operating road, 1 A.L.R. 1180.

Applicability of res ipsa loquitur doctrine where person or vehicle is struck by streetcar, 2 A.L.R. 1610.

Liability of street railway company to passenger on account of crowded condition of cars, 5 A.L.R. 1257; 42 A.L.R. 1329.

Liability of carrier for injury to passenger due to obstruction of aisle or platform by property of another passenger, 19 A.L.R. 1372.

Res ipsa loquitur as applicable to injury to passenger in a collision where one of the vehicles is not within carrier's control, 25 A.L.R. 690; 83 A.L.R. 1163; 161 A.L.R. 1113.

Liability of carrier for injury to passenger by car window, 29 A.L.R. 1262; 45 A.L.R. 1541.

Intoxication as affecting contributory negligence of one killed or injured at a railroad crossing, 36 A.L.R. 336.

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

Liability for personal injury to passenger in Pullman car, 41 A.L.R. 1397.

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

Contributory negligence of passenger in standing near door of car, 50 A.L.R. 1365.

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

Duty of driver whose view at railroad crossing is obstructed to leave vehicle in order to get an unobstructed view before crossing, 56 A.L.R. 647; 91 A.L.R. 1055.

Carrier's liability for injury to passenger by heating apparatus, 58 A.L.R. 692.

Duty of railroad to maintain gates, gongs, or other safety devices at crossings, 60 A.L.R. 1096.

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.

Presumption as to due care by person killed at railroad crossing, 84 A.L.R. 1221.

Duty and liability of carrier of passengers for hire by automobile, 96 A.L.R. 727.

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.

Res ipsa loquitur, or presumption, or inference of negligence on part of carrier where passenger is injured by object coming from outside, through or against, car window, 129 A.L.R. 1340.

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

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.

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

Res ipsa loquitur as applicable to injury to passenger in collision where other vehicle was not within carrier's control, 161 A.L.R. 1113.

Release or contract after injury as affected by provision of Federal Employers' Liability Act invalidating contract, rule, or device to exempt carrier from liability, 166 A.L.R. 648.

Carrier's liability to person in street or highway for purpose of boarding its vehicle, 7 A.L.R.2d 549.

Open door as ground of liability of carrier for injury to passenger falling or alighting from vehicle, 7 A.L.R.2d 1427.

Duty and liability of carrier to intoxicated passenger while en route, 17 A.L.R.2d 1085.

Duty of railroad company to maintain flagman at crossing, 24 A.L.R.2d 1161.

Intoxication of person injured or killed as affecting applicability of last clear chance doctrine, 26 A.L.R.2d 308.

Liability of carrier to passenger for injury due to crowded condition of motorbus, or pushing or crowding of passengers therein, 26 A.L.R.2d 1219.

Error as to instructions on burden of proof under doctrine of res ipsa loquitur as prejudicial, 29 A.L.R.2d 1390.

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.

Liability of motor carrier to passenger for injuries assertedly caused by failure to heat conveyance adequately, 33 A.L.R.2d 1358.

Finding of decedent's body on or near tracks as creating presumption or inference of railroad's negligence, or as affecting burden of proof relating thereto, 40 A.L.R.2d 881.

Applicability of res ipsa loquitur or doctrine of exclusive control to injury or damage caused by fall of object from train, 41 A.L.R.2d 932.

Liability for injury occurring when clothing of one outside motor vehicle is caught as vehicle is put in motion, 43 A.L.R.2d 1282.

Liability of motor carrier for injuries to passengers from accident occasioned by blowout or other failure of tire, 44 A.L.R.2d 835.

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

Liability for injury or damage from stone or other object on surface of highway thrown by passing vehicle, 56 A.L.R.2d 1392.

Liability of motor carrier for injury or death of passenger inflicted by the vehicle from which he has alighted, 58 A.L.R.2d 932.

Liability of motor carrier for injury or death of passenger who has alighted, caused by conditions at place of alighting, 58 A.L.R.2d 948.

Contributory negligence of adult struck by train while walking or standing beside railroad track, 63 A.L.R.2d 1226.

Liability of carrier to passenger injured through fall of baggage or other object from overhead repository, 68 A.L.R.2d 667.

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 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.

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

Liability of owner or operator of motor vehicle or aircraft for injury or death allegedly resulting from failure to furnish or require use of seat belt, 49 A.L.R.3d 295.

Liability for injury to or death of passenger from accident due to physical condition of carrier's employee, 53 A.L.R.3d 669.

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.

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 taxicab carrier to passenger injured while alighting from taxi, 98 A.L.R.3d 822.

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.

Liability of land carrier to passenger who becomes victim of third party's assault on or about carrier's vehicle or premises, 43 A.L.R.4th 189.