2025 Code of Georgia
Title 10 - Commerce and Trade (Chs. 1 — 15)
Chapter 1 - Selling and Other Trade Practices (Arts. 1 — 38)
Article 10 - Sale and Storage of Liquefied Petroleum Gas (§§ 10-1-260 — 10-1-272)

Annotations

JUDICIAL DECISIONS

Provisions enacted for public benefit. —

Ga. L. 1949, p. 1128, § 1 and Ga. L. 1949, p. 1057, § 1 et seq. were passed for the public benefit and are statutes of public policy. Bishop v. Act-O-Lane Gas Serv. Co., 91 Ga. App. 154, 85 S. E.2d 169, 1954 Ga. App. LEXIS 888 (1954).

O.C.G.A. Art. 10, Ch. 1, T. 10 and O.C.G.A. § 25-2-1 et seq. construed together. —

To give effect to the intent of the General Assembly, Ga. L. 1949, p. 1128, § 1 and Ga. L. 1949, p. 1057, § 1 et seq. should be construed together, as both sought to remedy an evil which then existed, and the statutes prescribed a remedy for the public good. Bishop v. Act-O-Lane Gas Serv. Co., 91 Ga. App. 154, 85 S. E.2d 169, 1954 Ga. App. LEXIS 888 (1954).

Statute authorizing waiver of benefit of law inapplicable to safety regulations. —

The exception in former Code 1933, § 102-106 that “a person may waive or renounce what the law has established in his favor when he does not thereby injure others or affect the public interest” had no application when the contract attempted to release a party from liability for acts violating liquefied gas safety regulations. Bishop v. Act-O-Lane Gas Serv. Co., 91 Ga. App. 154, 85 S. E.2d 169, 1954 Ga. App. LEXIS 888 (1954).

Distributor not released from liability for negligence. —

A liquefied petroleum distributor is without authority of law to release the distributor from liability by a contract or otherwise because of damage resulting from the negligence of such distributor. Bishop v. Act-O-Lane Gas Serv. Co., 91 Ga. App. 154, 85 S. E.2d 169, 1954 Ga. App. LEXIS 888 (1954).

Gas company is not insurer of safety of customers and their agents and invitees. Womack v. Central Ga. Gas Co., 85 Ga. App. 799, 70 S. E.2d 398, 1952 Ga. App. LEXIS 832 (1952).

Gas company is liable only for acts of negligence. Womack v. Central Ga. Gas Co., 85 Ga. App. 799, 70 S. E.2d 398, 1952 Ga. App. LEXIS 832 (1952).

Research References & Practice Aids

Administrative rules and regulations.

Liquefied Petroleum Gases, Official Compilation of the Rules and Regulations of the State of Georgia, Office of Commissioner of Insurance, Safety Fire Commissioner and Industrial Loan Commissioner, Safety Fire Commissioner, Rule 120-3-16-.01 et seq.

RESEARCH REFERENCES ALR.

Rights, under oil and gas lease, deed, or sales contract, to “distillate,” “condensate,” or “natural gasoline,” 38 A. L. R.3d 983.

Liability of one selling or distributing liquid or bottled fuel gas, for personal injury, death, or property damage, 41 A. L. R.3d 782.

Gasoline or other fuel storage tanks as nuisance, 50 A. L. R.3d 209.

Hierarchy Notes:

O. C. G. A. Title 10

O. C. G. A. Title 10, Ch. 1