O.C.G.A. § 46-8-2 (2019)
Effect of failure or refusal to record on rights of action against company
A failure or refusal by a railroad company to comply with Code Section 46-8-1 will authorize any person having a right of action against the railroad company or its lessee, including an employee of either, to file and prosecute the action against the railroad company in all respects as if the railroad company were the proper party defendant. No plea or other defense attempting to shift liability to such lessee or denying control or possession of such property or line of road, filed either to an action by a member of the general public or to an action by an employee as aforesaid, shall protect any such railroad company failing or refusing to record as provided in Code Section 46-8-1 against liability.
History
(Ga. L. 1899, p. 54, § 2; Civil Code 1910, § 2599; Code 1933, § 94-320.)
Annotations
JUDICIAL DECISIONS Liability of railroad company extended by Code Sections 46-8-1 and 46-8-2. - Former Code 1933, §§ 94-319 and 94-320 (see O.C.G.A. §§ 46-8-1 and 46-8-2) did not limit liability of a railroad company but extend it. These sections do not affect the right of a member of the general public to hold the lessor railroad liable for the negligent acts of the lessee. Central of Ga. Ry. v. Leonard, 49 Ga. App. 689, 176 S.E. 137 (1934). Section not restricted to lease agreements outside corporate limits. - Former Code 1933, § 94-320 (see O.C.G.A. § 46-8-2) was not restricted to lease agreements outside of corporate limits only but applied to all such agreements. Atlantic Coast Line R.R. v. Newsome, 90 Ga. App. 509, 83 S.E.2d 333 (1954). Failure to record lease makes lessor liable for injuries. - Under the provisions of former Code 1933, §§ 94-319 and 94-320, where one company leases trackage rights to another railroad and fails to record the lease in the office of the clerk of the superior court of the county through which the tracks
run, a person injured by acts of the lessee railroad company may sue the company responsible for the person’s injuries for the lessor, or both, since failure to record the lease agreement renders the lessor company liable for the acts of the lessee as well as for its own acts causing the plaintiff ’s injuries. Atlantic Coast Line R.R. v. Newsome, 90 Ga. App. 509, 83 S.E.2d 333 (1954). By virtue of former Code 1933, § 94-320 (see O.C.G.A. § 46-8-2), an employee of a lessee railroad had a right of action against the lessor railroad for injuries sustained due to the negligence of a coemployee of the lessee if the lease between the railroads was not recorded in the county wherein the injuries occurred and through which the leased line of road ran, as provided in former Code 1933, § 94-319 (see O.C.G.A. 46-8-1). Georgia R.R. & Banking Co. v. Fulmer, 84 Ga. App. 101, 65 S.E.2d 636 (1951). Notice of lease does not preclude injured employee from initiating action. - Actual notice of lease by injured employee does not
deny the employee a right of action against the lessor railroad given the employee under former Code 1933, § 94-320 (see O.C.G.A. § 46-8-2). Georgia R.R. & Banking Co. v. Fulmer, 84 Ga. App. 101, 65 S.E.2d 636 (1951). In the recording statutes for deeds the legislature expressly provided for actual notice where failure to record occured, but in former Code 1933, §§ 94-319 and 94-320 (see O.C.G.A. §§ 46-8-1 and 46-8-2) nothing
was provided concerning actual notice. Thus, the failure to record the lease in the county where the injury occured gave an employee a right of action against the lessor railroad for injuries sustained in the county even where the employee and an allegedly negligent coemployee were employees of one of the lessees. Georgia R.R. & Banking Co. v. Fulmer, 84 Ga. App. 101, 65 S.E.2d 636 (1951).
RESEARCH REFERENCES Am. Jur. 2d. - 65 Am. Jur. 2d, Railroads, § 213.
C.J.S. - 74 C.J.S., Railroads, § 447 et seq.