O.C.G.A. § 46-8-252 (2019)
Lien for furnishing materials, supplies, and articles necessary for railroad operation and for damages for killing of livestock generally
All persons furnishing material, supplies, or other articles necessary to the operation of any railroad company operated in this state and all persons having claims against such company for livestock killed by its engines or cars shall have a lien upon the property of the company for the amounts due for such supplies, material, or other necessary articles furnished within six months preceding the institution of proceedings to enforce the same, or for the amounts due to them for damages for the killing of such livestock. Such lien shall be superior to any mortgage or other contract lien created by the railroad company.
History
(Ga. L. 1894, p. 68, § 1; Civil Code 1895, § 2331; Civil Code 1910, § 2795; Code 1933, § 94-803.)
Annotations
JUDICIAL DECISIONS Section applies to supplying of cars. - The supplying of cars as necessary to the operation of a railroad was the ‘‘furnishing of material, supplies, or other articles,’’ within the meaning of former Civil Code 1910, § 2795 (see O.C.G.A. § 46-8-252). Valdosta, M. & W.R.R. v. Atlantic Coast Line R.R., 148 Ga. 842, 98 S.E. 465 (1919). Section applies to lien arising from maintenance of joint depot. - Under former Civil Code 1910, § 2795 (see O.C.G.A. § 46-8-252), a railway acquired a lien for use and hire of its cars and equipment, for coal, for material used in repairing cars, for rental of watertank, for tariffs, and for any material used in maintaining and operating a joint depot; the lien, however, extending only to such portions of such material of any of the foregoing classes as were furnished within six months immediately preceding the filing of the intervention. Baltimore Trust Co. v. Seaboard Air-Line Ry., 149 Ga. 260, 99 S.E.
867, cert. denied, 250 U.S. 673, 40 S. Ct. 16, 63 L. Ed. 1200 (1919). Premiums on insurance policies not a lien. - Premiums on policies of fire insurance, issued under the circumstances of this case, were not a lien upon the property of the company under former Civil Code 1910, § 2795 (see O.C.G.A. § 46-8-252). Jones v. Peeples, 145 Ga. 335, 89 S.E. 195 (1916). Priority of liens. - Liens under former Civil Code 1910, § 2793 and 2795 (see O.C.G.A. § 46-8-250 and 46-8-252) were subject to a debt owed to the United States, though having priority over the mortgage and other debts of the railroad company. Piedmont Corp. v. Gainesville & N.W.R.R., 30 F.2d 525 (N.D. Ga. 1929). Necessity of enforcing lien. - A lien under former Civil Code 1910, § 2795 (see O.C.G.A. § 46-8-252) for coal furnished to a railroad perished, where no action was taken to enforce it, though bills accrued within six
months before receivership. Birmingham
Trust & Sav. Co. v. Atlanta, B. & Atl. Ry., 300 F. 173 (N.D. Ga. 1924).
RESEARCH REFERENCES Am. Jur. 2d. - 65 Am. Jur. 2d, Receivers, §§ 103, 238, 239, 240, 255.
C.J.S. - 74 C.J.S., Railroads, §§ 523, 527, 530 et seq., 537 et seq.