O.C.G.A. § 46-8-192 (2019)
Effect of title on duties or liabilities of railroad companies under other laws
The enumeration of certain specific duties in this title shall in no way be so construed as to relieve any railroad company from any other duties or liabilities which may be imposed upon it by any other law.
History
(Ga. L. 1918, p. 212, § 5; Code 1933, § 94-508.)
Annotations
JUDICIAL DECISIONS Code Sections 48-8-190 - 48-8-192 intended for protection at public crossings. - Ga. L. 1918, p. 212, §§ 2-5 (see O.C.G.A. §§ 46-8-190 - 46-8-192) were intended for protection of persons and property at public
crossings, and the provisions of these sections apply only where injury was done at public road crossings. Western & A.R.R. v. Michael, 175 Ga. 1, 165 S.E. 37 (1932). The purpose of Ga. L. 1918, p. 212, §§ 2-5
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(see O.C.G.A. §§ 46-8-190 - 46-8-192) with respect to giving signals in approaching a crossing was is to give warning to persons upon the crossing or those who may be approaching the crossing or whose animals may be scared by the sudden and unwarned approach of a train. Pollard v. Clifton, 62 Ga. App. 573, 9 S.E.2d 782 (1940). No liability where front end of train has passed before collision. - After the front end of the train has passed and the impact between the cars and the automobile is not immediate, the failure to perform statutory duty of blowing the whistle and ringing the bell is not the proximate cause of the collision. Pollard v. Clifton, 62 Ga. App. 573, 9 S.E.2d 782 (1940). No duty owed to driver stopped far away or to driver driving too fast. - When the engine of a train which is barely moving has
already gone over the crossing and is six lengths away, the failure of the engineer to ring the bell or blow the air whistle in approaching said crossing does not violate a duty to the driver of the automobile who is seated in a car stopped at a filling station 200 yards distant or to a driver who knows of such crossing and that it may be occupied by a train, and who is driving at a rate of speed which prevents the driver from stopping after he discovers the presence of the freight cars on the crossing. Pollard v. Clifton, 62 Ga. App. 573, 9 S.E.2d 782 (1940). Cited in Georgia R.R. & Banking Co. v. Farmer, 45 Ga. App. 130, 164 S.E. 71 (1932); Bazemore v. Powell, 54 Ga. App. 444, 188 S.E. 282 (1936); Pollard v. Savage, 55 Ga. App. 470, 190 S.E. 423 (1937); Powell v. Jarrell, 65 Ga. App. 453, 16 S.E.2d 198 (1941).
RESEARCH REFERENCES ALR. - Duty to have forward light on car or train preceding engine or on engine running backwards, 15 ALR 1527. Duty to check speed of train upon discovering live stock on or near tracks, 23 ALR 148. Duty of railroad to keep trespassing children from getting on cars, 43 ALR 38. Speed of train, locomotive, or railway car at highway crossing, as negligence, 154 ALR 212.
What amounts to negligence of gate tender at railroad crossing, 160 ALR 731. Duty of railroad toward persons using private crossing or commonly used footpath over or along railroad tracks, 167 ALR 1253. Railroad company’s liability for injury or death of pedestrian due to condition of surface of crossing, 64 ALR2d 1199.