2021 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 8 - Railroad Companies
Article 4 - Powers of Companies Generally
§ 46-8-104. Power of Railroad Companies to Cross Other Railroads in Order to Reach Minerals, Timber, or Other Materials

Universal Citation: GA Code § 46-8-104 (2021)

Any railroad company chartered by the General Assembly, and also any person or persons or any company owning or operating a public or private railroad in this state, shall, when necessary to reach minerals, timber, or other materials, have the right to cross any other railroad at grade points or at any other point where such crossing will not obstruct the other road, or, if necessary, by means of a tunnel or bridge, said tunnel or bridge being absolutely secure.

(Ga. L. 1870, p. 428, § 1; Code 1873, § 705; Code 1882, § 705; Civil Code 1895, § 2219; Ga. L. 1899, p. 31, § 1; Civil Code 1910, § 2671; Code 1933, § 94-501.)


Am. Jur. 2d.

- 65 Am. Jur. 2d, Railroads, § 166 et seq.


- 74 C.J.S., Railroads, §§ 119 et seq., 303 et seq.


- Right of railroad at crossing to construct and maintain piers, pillars, or abutments within street or highway, 62 A.L.R. 1519.

Extent and character of use of farm or other private crossing over railroad right of way, 139 A.L.R. 460.

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.

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