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2018 Georgia Code 46-8-314 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-8-314 Case Law from Google Scholar Amendments to OCGA 46-8-314

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

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

ARTICLE 11 VENUE AND SERVICE OF PROCESS FOR ACTIONS AGAINST RAILROAD COMPANIES

46-8-314. Venue and service of process in actions against receivers, trustees, and other officers of railroad companies; obtaining leave to sue.

Actions may be brought against receivers, trustees, assignees, and other like officers operating railroads in this state, in the same county, and service may be perfected by serving them or their agents in the same manner, as if the action had been brought against the corporation whose property or franchise is being operated by them. All such actions may be brought without leave to sue first having been obtained from any court.

(Ga. L. 1895, p. 103, § 2; Civil Code 1895, § 2325; Civil Code 1910, § 2789; Code 1933, § 94-1107.)

Cross references.

- Further provisions regarding venue for actions against railroad companies, § 46-1-2.

Law reviews.

- For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972).

JUDICIAL DECISIONS

Applicability to contract and tort actions.

- Former Civil Code 1910, § 2789 (see O.C.G.A § 46-8-314) applied whether action arose in contract or tort. Munson v. Houser, 9 Ga. App. 346, 71 S.E. 595 (1911).

Section not applicable to nonemployees.

- Former Civil Code 1910, § 2789 (see O.C.G.A § 46-8-314) did not apply to an action brought against the receivers of a railroad company to recover damages arising from personal injuries to one not an employee of the receivers. Fried v. Sullivan, 27 Ga. App. 326, 108 S.E. 127, cert. denied, 27 Ga. App. 836 (1921); Hancock v. Miller, 28 Ga. App. 387, 111 S.E. 80 (1922).

Cited in Lamb v. McElwaney, 143 Ga. 490, 85 S.E. 705 (1915).

RESEARCH REFERENCES

Am. Jur. 2d.

- 77 Am. Jur. 2d, Venue, § 32 et seq.

C.J.S.

- 92A C.J.S., Venue, §§ 77, 78.

ALR.

- Appointment of receiver for railroad as affecting service of process on agent or employee in action against company, 9 A.L.R. 228.

Cases Citing O.C.G.A. § 46-8-314

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Considine v. Murphy, 297 Ga. 164 (Ga. 2015).

Cited 14 times | Published | Supreme Court of Georgia | Jun 1, 2015 | 773 S.E.2d 176

...the Barton doctrine and noting that “the right to sue a receiver without permission of the court, resting upon exceptions provided by statute, is confined to the express terms of this enactment”). The Georgia legislation is now codified at OCGA § 46-8-314, which says: Actions may be brought against receivers, trustees, assignees, and other like officers operating railroads in this state, in the same county, and service may be perfected by serving them or their agents...

Considine v. Murphy (Ga. 2015).

Published | Supreme Court of Georgia | Jun 1, 2015 | 773 S.E.2d 176

...the Barton doctrine and noting that “the right to sue a receiver without permission of the court, resting upon exceptions provided by statute, is confined to the express terms of this enactment”). The Georgia legislation is now codified at OCGA § 46-8-314, which says: Actions may be brought against receivers, trustees, assignees, and other like officers operating railroads in this state, in the same county, and service may be perfected by serving them or th...