O.C.G.A. § 46-8-312 (2019)
Service of process on lessor railroad company, generally
Whenever any railroad company incorporated under the laws of this state or whose line of road may extend into this state has leased its line of road to any person and such lessee is in possession of the road, service on such lessor company may be perfected by delivering a copy of the summons and complaint to the president or other officer of the lessor company; provided, however, that if service cannot be had in this manner, then service may be made upon such company by delivering to the Secretary of State two copies of the summons and complaint, one copy of which shall be mailed by the Secretary of State to the lessor company at its last known address according to the Secretary of State. In addition, the plaintiff shall cause a copy of the summons and complaint to be served upon the lessee by the sheriff of the county where the action is brought or by his deputy or by the marshal or his deputy.
History
(Ga. L. 1889, p. 137, § 1; Civil Code 1895, § 2337; Civil Code 1910, § 2801; Code 1933, § 94-1104.)
Annotations
JUDICIAL DECISIONS Constitutionality. - The provisions for perfecting service on leasing railroads, as set forth in former Civil Code 1910, § 2801 (see O.C.G.A § 46-8-312), did not contravene U.S. Const., Amend. 14, Sec. 1 or Ga. Const. 1976, Art. I, Sec. I, Para. I. Georgia R.R. &
Banking Co. v. Bennefield, 138 Ga. 670, 75 S.E. 981 (1912). Section is cumulative. - Former Civil Code 1910, § 2801 (see O.C.G.A § 46-8-312) was merely cumulative, and provided another and different method of ser-
vice from that provided for in former Civil Code 1910, § 2798 (see O.C.G.A § 46-1-2), to be resorted to where it was desired to bind both the lessor and the lessee. Southwestern R.R. v. Vellines, 14 Ga. App. 674, 82 S.E. 166 (1914). Jurisdiction where tort committed by agent of lessee. - Under former Civil Code 1910, § 2801 (see O.C.G.A § 46-8-312), the court of the county where a cause of action
originated against a lessor railroad company, by reason of the tort of an agent of the lessee company, has jurisdiction of the lessor company, though it had no agent or place of business in that county, but its office and principal place of business was in a different county in this state. Georgia R.R. & Banking Co. v. Bennefield, 138 Ga. 670, 75 S.E. 981 (1912).
RESEARCH REFERENCES Am. Jur. 2d. - 19 Am. Jur. 2d, Corporations, §§ 2192, 2194. 62B Am. Jur. 2d, Process, §§ 108, 109.
C.J.S. - 72 C.J.S., Process, § 29. 74 C.J.S., Railroads, § 69 et seq.