2022 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 8 - Railroad Companies
Article 10 - Liability of Companies for Damages Generally
§ 46-8-291. Consent and Contributory Negligence as Defenses; Comparative Negligence as Affecting Amount of Recovery
No person shall recover damages from a railroad company for injury to himself or his property where the same is done by his consent or is caused by his own negligence, provided that if the complainant and the agents of the company are both at fault, the former may recover, but the damages shall be diminished by the jury in proportion to the amount of fault attributable to him.
History. Orig. Code 1863, § 2979; Code 1868, § 2980; Code 1873, § 3034; Code 1882, § 3034; Civil Code 1895, § 2322; Civil Code 1910, § 2781; Code 1933, § 94-703.
Law reviews.
For comment on Aycock v. Callaway, 78 Ga. App. 219 , 51 S.E.2d 53 (1948), see 11 Ga. B.J. 495 (1949).
For article discussing defenses to action for wrongful death in Georgia, see 22 Ga. B.J. 459 (1960).
For comment discussing Georgia’s comparative negligence laws in light of Maki v. Frelk, 85 Ill. App. 2d 439, 229 N.E.2d 284 (1967), see 19 Mercer L. Rev. 486 (1968).
For note “Plaintiff’s Last Clear Chance and Comparative Negligence in Georgia,” see 6 Ga. St. B.J. 47 (1969).
For article, “Reappraising the Jury’s Role as Finder of Fact,” see 20 Ga. L. Rev. 123 (1985).
