TITLE 46
PUBLIC UTILITIES AND PUBLIC TRANSPORTATION
Section 9. Transportation of Freight and Passengers Generally, 46-9-1 through 46-9-332.
ARTICLE 5
CARRIERS' LIENS
46-9-190. Lien of carrier for fare and baggage charges.
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A carrier of passengers shall have a lien on the passengers' baggage, not only for baggage charges but also for the passengers' fare. This lien may be foreclosed as described in subsection (b) of this Code section.
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Whenever baggage has been transported to destination by any common carrier and is uncalled for or refused by the holder of the baggage check issued therefor and remains uncalled for or refused for six months after its arrival at destination, the carrier may sell the same at public auction to the highest bidder at such place and time as may be designated by the carrier, provided that the carrier shall have published notice containing a general description of the baggage (that is, whether trunk, hand baggage, suitcase, box, bundle, etc.) and the time and place of sale once a week for two successive weeks in a newspaper of general circulation at the place of sale or at the nearest place thereto.
(Orig. Code 1863, § 2050; Code 1868, § 2053; Code 1873, § 2079; Code 1882, § 2079; Civil Code 1895, § 2289; Civil Code 1910, § 2743; Code 1933, § 18-401; Ga. L. 1945, p. 235, § 1.)
JUDICIAL DECISIONS
Carrier liable where goods under lien are lost.
- Where a railroad company retained the trunk of a passenger under its lien as provided by former Code 1873,
§
2079 (see O.C.G.A.
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46-9-190) for the passenger's fare, it was liable for any articles that may be taken therefrom while in its possession. Southwestern R.R. v. Bently, 51 Ga. 311 (1874).
RESEARCH REFERENCES
C.J.S.
- 13 C.J.S., Carriers,
§§
484, 609, 610.
