O.C.G.A. § 46-9-3 (2019)
Showings required by common carrier as prerequisite to use of exceptions under Code Sections 46-9-1 and 46-9-2
In order for a common carrier to avail himself of the act of God exception under Code Section 46-9-1 or the contractual exception under Code Section 46-9-2, he must establish not only that the act of God or the contractually excepted fact ultimately occasioned the loss but that his own negligence did not contribute thereto. (Civil Code 1895, § 2265; Civil Code 1910, § 2713; Code 1933, § 18-103.)
Annotations
JUDICIAL DECISIONS Cited in Bugg v. Perry & Faircloth, 42 Ga. App. 523, 156 S.E. 708 (1931); Atlantic C.L.R.R v. Fugazzi, 45 Ga. App. 750, 165 S.E. 840 (1932); Georgia Power Co. v. Braswell, 48 Ga. App. 654, 173 S.E. 763 (1934);
Brown-Rogers-Dixson Co. v. Southern Ry., 79 Ga. App. 449, 53 S.E.2d 702 (1949); Empire Aluminum Corp. v. SS Korendijk, 391 F. Supp. 402 (S.D. Ga. 1973).
RESEARCH REFERENCES C.J.S. - 13 C.J.S., Carriers, § 76. ALR. - Res ipsa loquitur as applicable to injury to passenger in a collision where one of the vehicles is not within carrier’s control, 25 ALR 690; 83 ALR 1163; 161 ALR 1113. Liability of carrier for injury to passenger by car door, 25 ALR 1061; 41 ALR 1089. Carrier’s liability for injury to passenger due to rushing or crowding of passengers, 32 ALR 1315; 155 ALR 634. Carrier’s liability as affected by improper packing or preparation of goods for shipment, 81 ALR 811. Carrier’s liability to passenger injured by landslide, or the like, 34 ALR2d 831. Liability of carrier to passenger injured by hurling of object through window by a third person, 46 ALR2d 1098.
Liability of air carrier to passenger injured while boarding or alighting, 61 ALR2d 1113. Shipper’s misdescription of goods as affecting carrier’s liability for loss or damage, 1 ALR3d 736. Liability for injury to or death of passenger from accident due to physical condition of carrier’s employee, 53 ALR3d 669. Liability of land carrier to passenger who becomes victim of third party’s assault on or about carrier’s vehicle or premises, 34 ALR4th 1054. Liability of land carrier to passenger who becomes victim of another passenger’s assault, 43 ALR4th 189.