2021 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 9 - Transportation of Freight and Passengers Generally
Article 1 - General Provisions
§ 46-9-1. Standard of Care for Carriers and Common Carriers; Presumption of Negligence by Common Carriers Arising From Loss of Goods

Universal Citation: GA Code § 46-9-1 (2021)

Carriers as such are bound to exercise ordinary diligence. Common carriers as such are bound to use extraordinary diligence, and in cases of loss the presumption of law is against them, and no excuse avails them unless the loss was occasioned by the act of God or the public enemies of the state.

(Orig. Code 1863, §§ 2038, 2039; Code 1868, §§ 2039, 2040; Code 1873, §§ 2065, 2066; Code 1882, §§ 2065, 2066; Civil Code 1895, §§ 2263, 2264; Civil Code 1910, §§ 2711, 2712; Code 1933, § 18-102.)

Cross references.

- Standard of care for carriers who issue bills of lading, § 11-7-309.

Law reviews.

- For annual survey on law of torts, see 43 Mercer L. Rev. 395 (1991).

JUDICIAL DECISIONS

ANALYSIS

  • General Considerations
  • Acts of God
  • Carrier as Insurer
  • Procedure and Pleadings

RESEARCH REFERENCES

Am. Jur. 2d.

- 13 Am. Jur. 2d, Carriers, § 390 et seq.

C.J.S.

- 13 C.J.S., Carriers, §§ 76, 77, 678.

ALR.

- Liability of carrier for injury due to casual or temporary condition of station or its approaches, 10 A.L.R. 259.

Car shortage as affecting liability of carrier for failure to furnish cars, 10 A.L.R. 342.

Liability of carrier for loss of, or damage to, freight by acts of mob or strikers, 20 A.L.R. 262.

Duty and liability of carrier of passengers for hire by automobile, 20 A.L.R. 914; 45 A.L.R. 297; 69 A.L.R. 980; 96 A.L.R. 727; 152 A.L.R. 1160.

State of weather as affecting liability for injury to one struck by train or street car, 20 A.L.R. 1064.

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 door, 25 A.L.R. 1061, 41 A.L.R. 1089.

Duty of carrier to render special service to protect goods en route, as affected by the fact that it is not provided for by the published tariff, 32 A.L.R. 111.

Carrier's liability for injury to passenger due to rushing or crowding of passengers, 32 A.L.R. 1315; 155 A.L.R. 634.

Duty and liability of carrier as to money collected on c.o.d. shipment, 36 A.L.R. 464.

Liability of carrier for injury to passenger while passing through turnstile, door, or gate, 40 A.L.R. 828.

Liability of carrier for injury to passenger due to construction of floor of car or vessel on different levels, 48 A.L.R. 1424.

Wholesale or retail price as measure of damages against carrier for loss of goods, 50 A.L.R. 1467; 67 A.L.R. 1427.

Stipulation limiting amount of carrier's liability as applicable where goods are stolen by its employee, 52 A.L.R. 1073.

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.

Liability of street railway company for injury to passenger or pedestrian as result of overhang of car in rounding curve, 55 A.L.R. 479.

Duty and liability of carrier with respect to heating freight car, 55 A.L.R. 905.

Duty and liability of carrier to passenger attempting to leave moving street car, 56 A.L.R. 981.

Liability of proprietor or operator of private railroad for injury to one other than employee riding thereon, 57 A.L.R. 818.

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

Liability of carrier by water for injury to passenger while embarking or disembarking, 59 A.L.R. 1355.

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

Status of, and liability of street railway company to, person approaching to board street car, 75 A.L.R. 285.

Liability of carrier operating in street to passenger struck by other vehicle while on platform, step, or running board of car, 77 A.L.R. 429.

Carrier's liability as affected by improper packing or preparation of goods for shipment, 81 A.L.R. 811.

Ferry operator's duty as regards automobiles or their occupants, 82 A.L.R. 798.

Assumption of risk and contributory negligence in connection with injuries arising from improper manner of loading or fastening load on freight car, 106 A.L.R. 1140.

Presumption and burden of proof as to carrier's responsibility for goods received in good condition and delivered to consignee in bad condition, 106 A.L.R. 1156.

Changed conditions as affecting duty, or enforcement of duty, as to train service or maintenance of stations imposed upon railroad by charter or statute, 111 A.L.R. 57.

Person or corporation transporting goods on the public highways as a common carrier, or private or contract carrier, as regards liability for loss of or damage to goods, 112 A.L.R. 89.

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.

Liability of carrier for injury to passenger as result of ice, snow, or rain on exposed or interior portions of car or vessel, 117 A.L.R. 522.

Liability of carrier responsible for passenger leaving train or car at station other than his destination for subsequent injury to or illness or death of passenger, 118 A.L.R. 1327.

Liability of motor carrier for personal injuries to or death of passenger due to structural conditions of interior of conveyance, 126 A.L.R. 461.

Liability of common carrier by motorbus or taxicab for personal injury to or death of passenger where condition of highway was the cause or a contributing factor, 126 A.L.R. 1084.

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.

Carrier's liability for conduct of passenger (other than assault) causing injury to other passenger, 140 A.L.R. 1194.

Status, rights, and obligations of freight forwarders, 141 A.L.R. 919.

Liability of motorbus carrier for death of or injury to discharged passenger struck by vehicle not within its control, 145 A.L.R. 1206.

Carrier's liability for damage to goods during loading or unloading as affected by participation by consignor or consignee or their employees, 149 A.L.R. 644.

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

Ejection of passenger as ground of motorbus carrier's liability for subsequent injury or death, 165 A.L.R. 545.

Initial carrier's liability as that of carrier or of warehouseman in respect of goods while in its warehouse awaiting delivery to connecting carrier, 172 A.L.R. 802.

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

Liability of carrier for injury to passenger due to improper lighting of vehicle, 8 A.L.R.2d 233.

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

Contributory negligence of physically handicapped or intoxicated person in boarding or alighting from standing train or car, 30 A.L.R.2d 334.

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

Carrier's liability to passenger injured by landslide, or the like, 34 A.L.R.2d 831.

Liability of carrier to one injured by article thrown from conveyance by passenger, 35 A.L.R.2d 788.

Carrier's duty and liability to its passenger injured on platform and the like of station or terminal owned by another company, 41 A.L.R.2d 1286.

Liability of motor carrier for injury to passenger's hand in vehicle door, 42 A.L.R.2d 1190.

Liability of carrier by land or air for damage to goods shipped resulting from improper loading, 44 A.L.R.2d 993.

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

Carrier's liability to passenger injured while using washroom or lavatory facilities on conveyance, 50 A.L.R.2d 1071.

Employer's liability for assault by taxicab or motorbus driver, 53 A.L.R.2d 720.

Motor carrier's liability for injury to passenger by sudden stopping, starting, or lurching of conveyance, 57 A.L.R.2d 5.

Liability of air carrier to passenger injured while boarding or alighting, 61 A.L.R.2d 1113.

Liability to patron of scenic railway, roller coaster, or miniature railway, 66 A.L.R.2d 689.

Liability of carrier by air for injury or death of passenger due to downdraft, updraft, or turbulence, 73 A.L.R.2d 379.

Liability of motor carrier for loss of passenger's baggage or packages, 68 A.L.R.2d 1350.

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.

Shipper's misdescription of goods as affecting carrier's liability for loss or damage, 1 A.L.R.3d 736.

Railroad carrier's liability where goods were allegedly damaged by failure to properly refrigerate, 4 A.L.R.3d 994.

Liability of carrier by land for damage to goods resulting from improper packing by carrier, 7 A.L.R.3d 723.

Liability for damage to highway or bridge caused by size or weight of motor vehicle or load, 53 A.L.R.3d 1035, 31 A.L.R.5th 171.

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.

Carrier's liability based on serving intoxicants to passenger, 76 A.L.R.3d 1218.

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 for injury on, or in connection with, escalator, 1 A.L.R.4th 144.

Liability of motorbus carrier to passenger injured through fall while alighting at place other than regular bus stop, 7 A.L.R.4th 1031.

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.

Liability of operator of ambulance service for personal injuries to person being transported, 68 A.L.R.4th 14.

Incidental provision of transportation services, by party not primarily in that business, as common carriage subject to state regulatory control, 87 A.L.R.4th 638.

Release of one joint tortfeasor as discharging liability of others under Uniform Contribution Among Tortfeasors Act and other statutes expressly governing effect of release, 6 A.L.R.5th 883.

Liability of motorbus carrier or driver for death of, or injury to, discharged passenger struck by other vehicle, 16 A.L.R.5th 1.

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.

Limitation of liability of air carrier for personal injury or death, 91 A.L.R. Fed. 547.

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