2021 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 9 - Transportation of Freight and Passengers Generally
Article 1 - General Provisions
§ 46-9-3. Showings Required by Common Carrier as Prerequisite to Use of Exceptions Under Code Sections 46-9-1 and 46-9-2

In order for a common carrier to avail himself of the act of God exception under Code Section 46-9-1 or the contractual exception under Code Section 46-9-2, he must establish not only that the act of God or the contractually excepted fact ultimately occasioned the loss but that his own negligence did not contribute thereto.

(Civil Code 1895, § 2265; Civil Code 1910, § 2713; Code 1933, § 18-103.)

RESEARCH REFERENCES

C.J.S.

- 13 C.J.S., Carriers, § 76.

- 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.

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

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

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

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

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

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

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

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.