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2018 Georgia Code 34-7-45 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 34-7-45 Case Law from Google Scholar Amendments to OCGA 34-7-45

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Section 7. Employment Generally; Employer's Liability, 34-7-1 through 34-7-48.

ARTICLE 3 EMPLOYER'S LIABILITY FOR INJURIES TO RAILROAD EMPLOYEES

34-7-45. Liability of receivers, trustees, and assignees of railroad companies for coemployees' negligence; lien on railroad company income.

  1. The liability of receivers, trustees, assignees, and other like officers operating railroads in, or partially in, this state for injuries and damages to employees or their property which are caused by the negligence of coemployees shall be the same as that fixed in Code Section 34-7-41.
  2. A lien is created on the gross income of a railroad liable under Code Section 34-7-41 while in the control of any person or corporation described in subsection (a) of this Code section in favor of the injured employee superior to all other liens against the defendant under the laws of this state.

(Ga. L. 1895, p. 103, § 1; Civil Code 1895, § 2324; Ga. L. 1896, p. 63, § 1; Civil Code 1910, § 2788; Code 1933, § 66-407.)

JUDICIAL DECISIONS

Applicability.

- Georgia law (see now O.C.G.A. Art. 3, Ch. 7, T. 34) was applicable to a suit brought under authority of this section by an employee against a federal receiver of a railroad operated partially within the state. Atkinson v. Swords, 11 Ga. App. 167, 74 S.E. 1093 (1912).

Consent of appointing court not necessary.

- Section was an exception to the general rule that before an action can be maintained against a receiver appointed by the courts of Georgia, the consent of the appointing court was necessary. Bugg v. Lang, 35 Ga. App. 704, 134 S.E. 623 (1926).

When consent of appointing court necessary.

- Receiver of a corporation, without the permission of the court which appointed the receiver, cannot be sued for any acts of negligence of the corporation prior to appointment as receiver. Harrell v. Atkinson, 9 Ga. App. 150, 70 S.E. 954 (1911).

Effect upon federal receivers.

- Authority extended under federal statute for actions in state courts against federal receivers is paramount, and was in no way affected by this section. Bugg v. Lang, 35 Ga. App. 704, 134 S.E. 623 (1926).

Lien subject to debt due United States.

- A debt of the railroad to the United States has priority over a lien created by former Civil Code 1910, § 2788 (see now O.C.G.A. § 34-7-45). Piedmont Corp. v. Gainesville & N.W.R.R., 30 F.2d 525 (N.D. Ga. 1929).

Effect of appointment on limitations.

- Running of the statute of limitations is not affected by the mere appointment of a receiver. Cain v. Seaboard Air-Line Ry., 138 Ga. 96, 74 S.E. 764 (1912).

Cited in Youngblood v. Comer, 97 Ga. 152, 23 S.E. 509 (1895); Barry v. McGhee, 100 Ga. 759, 28 S.E. 455 (1897); Charleston & W.C. Ry. v. Robinson, 11 Ga. App. 492, 75 S.E. 820 (1912); Lamb v. Floyd, 148 Ga. 357, 96 S.E. 877 (1918); Hancock v. Miller, 28 Ga. App. 387, 111 S.E. 80 (1922); Birmingham Trust & Sav. Co. v. Atlanta, B. & Atl. Ry., 287 F. 561 (N.D. Ga. 1923).

RESEARCH REFERENCES

ALR.

- Forum non conveniens: circumstances justifying state court's refusal to take jurisdiction of Federal Employers' Liability Act proceeding, 60 A.L.R.3d 964.

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