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

O.C.G.A. § 46-8-25 (2019)

Inspection of railroads by commission; requiring repair of railroads; allotment of reasonable time for repairs; effect of Code section on liability of railroads

✓ 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.
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The commission, upon complaint, shall inspect any railroad or any part of any railroad in this state. If the railroad is found to be in an unsafe or dangerous condition, the commission shall require the same to be put and kept in such condition as will render travel over the same safe and expeditious. Reasonable time shall be given the railroad authorities in which to accomplish the work or repairs required under this Code section. This Code section shall not limit or affect the liability of railroads in cases of injury or damage to persons or property.

History

(Ga. L. 1890-91, p. 150, § 1; Civil Code 1895, § 2194; Civil Code 1910, § 2639; Code 1933, § 93-316.)

Annotations

JUDICIAL DECISIONS

Courts have no power to make or control utility rates. - Making and controlling utility rates is legislative function delegated to quasi-legislative body and courts have no power to control and make such rates. DeKalb County v. Southern Bell Tel. & Tel. Co., 358 F. Supp. 498 (N.D. Ga. 1972), aff'd, 478 F.2d 700 (5th Cir. 1973) (decided prior to revision of § 50-13-2 by Ga. L. 1975, p. 404).

OPINIONS OF THE ATTORNEY GENERAL

Commission may act upon own motion. - Former Code 1933, § 93-316 (see O.C.G.A. § 46-8-25), while making certain actions on the part of the commission compulsory upon a complaint, does not preclude the commission from fulfilling the same responsibility on its own motion. 1980 Op. Att'y Gen. No. 80-36.

RESEARCH REFERENCES

Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, § 36. 65 Am. Jur. 2d, Railroads, §§ 152, 159, 161.

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ARTICLE 3 INCORPORATION AND CONSOLIDATION OF RAILROAD COMPANIES AND REQUIREMENTS AS TO DIRECTORS AND OFFICERS

Cross references. - Secretary of State corporations generally, Ga. Const. 1983, Art. III, Sec. VI, Para V. and Ch. 4, T. 14.

Business corporations generally, Ch. 2, T. 14.

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PART 1 INCORPORATION, ORGANIZATION, SUBSCRIPTION OF CAPITAL STOCK, SELECTION OF OFFICERS AND DIRECTORS