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2018 Georgia Code 46-8-196 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-8-196 Case Law from Google Scholar Amendments to OCGA 46-8-196

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 8. Railroad Companies, 46-8-1 through 46-8-382.

ARTICLE 6 OPERATION OF TRAINS GENERALLY

46-8-196. Use of standard signs for highway crossings and for advertising or other purposes; mutilation, destruction, and defacement of standard signs; removal of unauthorized signs by county authorities.

  1. It shall be the duty of the Public Service Commission to designate a standard sign or signs and to require the use of same by railroad companies to indicate crossings of public highways across railroads. It shall be unlawful for any person to use a sign similar thereto for advertising or for any other purpose; and it shall be unlawful to mutilate, destroy, or deface any crossing sign. The county authorities in charge of the roads of any county where a sign is erected contrary to this law shall have the duty of removing and destroying that sign.
  2. Any person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $50.00 or by imprisonment for a period not to exceed 12 months, or both.

(Ga. L. 1918, p. 268, § 1; Code 1933, §§ 94-511, 94-9906; Ga. L. 1982, p. 3, § 46.)

Cross references.

- Promulgation by Department of Transportation of uniform regulations governing signs and signals, on public roads, and as to erection, placement, or maintenance of unauthorized signs and signals, §§ 32-6-50,32-6-51.

JUDICIAL DECISIONS

Absence of crossbuck sign not proximate cause where motorist hits side of train.

- The absence of a railroad crossbuck sign at a railroad crossing bore no causal relationship and was not a proximate cause of the accident where the motorist ran into the side of the moving train, which had been in the crossing for several minutes and was in plain view and within the range of the driver's headlights. Gross v. Southern Ry., 446 F.2d 1057 (5th Cir. 1971).

Cited in Atlantic Coast Line R.R. v. Kammerer, 239 F.2d 115 (5th Cir. 1956); Padgett v. Central of Ga. Ry., 95 Ga. App. 96, 96 S.E.2d 658 (1957); Wood v. Atlantic Coast Line R.R., 192 F. Supp. 351 (M.D. Ga. 1960); Seaboard Coast Line R.R. v. Sheffield, 127 Ga. App. 580, 194 S.E.2d 484 (1972); Johnson v. UPS, 616 F.2d 161 (5th Cir. 1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 65 Am. Jur. 2d, Railroads, § 271.

C.J.S.

- 74 C.J.S., Railroads, § 821 et seq.

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