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(Ga. L. 1960, p. 181, § 10; Code 1981, §46-3-38; Code 1981, §46-3-39, as redesignated by Ga. L. 1992, p. 2141, § 1.)
- Ga. L. 1992, p. 2141, § 1, redesignated former Code Section 46-3-39 as present Code Section 46-3-40.
- Ga. L. 1960, p. 181, § 10 (see O.C.G.A. § 46-3-39) means that the chapter has not subtracted a theory of liability but added another, i.e., regardless of any concurring factual negligence on the part of a power company, an employer would be negligent per se vis-a-vis an employer if it violated a provision of this chapter. Savannah Elec. & Power Co. v. Holton, 127 Ga. App. 447, 193 S.E.2d 866 (1972).
- The mere maintenance, without more, of high tension wires at a minimum height of 24 feet four inches above a traveled roadway is not actionable negligence. Carden v. Georgia Power Co., 231 Ga. 406, 202 S.E.2d 55 (1973).
- Power companies as well as telephone companies are protected by the principle of nonliability for utility pole placement in O.C.G.A. § 46-5-1, where such pole is located with approval of local authorities and does not interfere with normal highway use. Georgia Power Co. v. Collum, 176 Ga. App. 61, 334 S.E.2d 922 (1985).
- Power company was protected from an action arising from injuries to an employee who came in contact with a power line, where the employer was aware of the high voltage carried in the line and neither the employer nor employee gave appropriate notice to the company. Preston v. Georgia Power Co., 227 Ga. App. 449, 489 S.E.2d 573 (1997), cert. denied, 525 U.S. 869, 119 S. Ct. 163, 142 L. Ed. 2d 134 (1998).
- Defendant power company could not be held responsible for injuries that occurred during painting of an apartment building, where neither the power company nor the utilities protection center was notified of the work as required by statute. Santana v. Georgia Power Co., 269 Ga. 127, 498 S.E.2d 521 (1998).
Assumption of risk did not apply as a defense to a farm worker's death by electrocution since there was no evidence to show that the farm worker appreciated the danger of the sagging power lines; despite the fact that the power company failed to maintain or inspect its power lines, it was immune from liability since it had no notice that the deceased was working within 10 feet of its lines. Williams v. Mitchell County Elec. Mbrshp. Corp., 255 Ga. App. 668, 566 S.E.2d 356 (2002), aff'd, 276 Ga. 759, 582 S.E.2d 107 (2003).
Georgia High-voltage Safety Act, O.C.G.A. § 46-3-30 et seq., barred recovery in a wrongful death action as the decedent failed to give the statutory notice that decedent would be working within 10 feet of a sagging power line with which decedent came into contact and which electrocuted the decedent. Williams v. Mitchell County Elec. Mbrshp. Corp., 276 Ga. 759, 582 S.E.2d 107 (2003).
Cited in Reighard v. Georgia Power Co., 119 Ga. App. 640, 168 S.E.2d 639 (1969); Malvarez v. Georgia Power Co., 250 Ga. 568, 300 S.E.2d 145 (1983).
- Duty to guard against danger to children by electric wires, 41 A.L.R. 1337; 49 A.L.R. 1053; 100 A.L.R. 621.
Duty of public utility to notify patron in advance of temporary suspension of service, 52 A.L.R. 1078.
Liability of electric light or power company for injury or damage due to condition of service lines or electrical appliance maintained by one to whom it furnishes electric current, 134 A.L.R. 507.
Liability of electric power or telephone company for injury or damage by lightning transmitted on wires, 25 A.L.R.2d 722.
Liability for injury to or death of child from electric wire encountered while climbing tree, 91 A.L.R.3d 616.
Liability for injury or death resulting when object is manually brought into contact with, or close proximity to, electric line, 33 A.L.R.4th 809.
Liability for injury or death from collision with guy wire, 8 A.L.R.5th 177.
Total Results: 3
Court: Supreme Court of Georgia | Date Filed: 2003-06-09
Citation: 276 Ga. 759, 582 S.E.2d 107
Snippet: insulated Mitchell from liability. See OCGA § 46-3-39. The Court of Appeals reversed the trial court
Court: Supreme Court of Georgia | Date Filed: 2003-02-10
Citation: 576 S.E.2d 878, 276 Ga. 208, 2003 Ga. LEXIS 126
Snippet: taking the appropriate safety precautions. OCGA § 46-3-39(a). The owner-operator is immune from liability
Court: Supreme Court of Georgia | Date Filed: 1998-02-23
Citation: 498 S.E.2d 521, 269 Ga. 127, 98 Fulton County D. Rep. 648, 1998 Ga. LEXIS 259
Snippet: work done within ten feet of the line. OCGA § 46-3-39(a). It is undisputed that neither Georgia Power