O.C.G.A.
O.C.G.A.

O.C.G.A. § 46-8-127 (2019)

Regulation of distance between tracks with the same terminal points

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

Reserved. Repealed by Ga. L. 2006, p. 699, § 3/SB 285, effective July 1, 2006.

Annotations

JUDICIAL DECISIONS Applicability to parallel running railroads. - Former Civil Code 1895, § 2176 (see O.C.G.A. § 46-8-127) only applies to railroads which run practically parallel with each other. Waycross Air-Line R.R. v. Offerman & W.R.R., 109 Ga. 827, 35 S.E. 275 (1900). Applicability to railroads connecting same terminal points. - Former Civil Code 1895, § 2176 (see O.C.G.A. § 46-8-127) only applied when two railroad companies involved connect by their lines the same terminal points. Hawkinsville & F.S. Ry. v. Waycross Air-Line R.R., 114 Ga. 239, 39 S.E. 844 (1901). Three mile road not restricted by this Code section. - Road only about three miles in length did not fall within restriction contained in former Civil Code 1895, § 2176 (see O.C.G.A. § 46-8-127). Bridwell v. Gate

City Term. Co., 127 Ga. 520, 56 S.E. 624, 10 L.R.A. (n.s.) 909 (1907). Tramroad of private corporation not restricted by this Code section. - Former Civil Code 1895, § 2176 (see O.C.G.A. § 46-8-127) did not prevent a purely private corporation from constructing, and itself operating for its own exclusive use upon its own land, a tramroad. Waycross Air-Line R.R. v. Southern Pine Co., 111 Ga. 233, 36 S.E. 641 (1900). Use of injunction to prevent interference with route. - Injunction lied against interference with route by locating another line within distance prohibited by former Civil Code 1895, § 2176 (see O.C.G.A. § 46-8-127). Waycross Air-Line R.R. v. Offerman & W.R.R., 109 Ga. 827, 35 S.E. 275 (1900).

RESEARCH REFERENCES Am. Jur. 2d. - 65 Am. Jur. 2d, Railroads, §§ 106, 107.

C.J.S. - 74 C.J.S., Railroads, § 107 et seq.