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2018 Georgia Code 46-9-42 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-9-42 Case Law from Google Scholar Amendments to OCGA 46-9-42

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 9. Transportation of Freight and Passengers Generally, 46-9-1 through 46-9-332.

ARTICLE 3 TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK

46-9-42. Effect of strike by carrier's employees on carrier's duty to transport goods.

A carrier who receives freight for shipment is bound to forward the freight within a reasonable time, even though his employees strike or otherwise refuse to work, provided that if the strike is accompanied with violence and intimidation so as to render it unsafe to forward the freight, the carrier shall be relieved as to liability for delay in delivering the freight, if the violence and armed resistance are of such character as could not be overcome by the carrier or controlled by the civil authorities when called upon by him.

(Civil Code 1895, § 2283; Civil Code 1910, § 2737; Code 1933, § 18-312.)

History of section.

- The language of this section is derived in part from the decision in Haas v. Kansas City F.S. & G.R.R., 81 Ga. 792, 7 S.E. 629 (1888).

JUDICIAL DECISIONS

Section not applicable where delay due to carrier's failure to replace strikers.

- Granting that the defendant railroad company could relieve itself from liability by showing that every possible effort was promptly made to secure other employees in lieu of those who had violated their obligations to their employer by striking, the proof offered fell far short of due diligence in this respect. If the company's engineers wrongfully refused to do their duty, certainly it was incumbent upon the railroad officials to discharge them and use every endeavor to secure new men who were competent and willing to perform the services they ought to have rendered. It did not appear that the officers of the company made any attempt whatever to do this; and however great their embarrassment may have been, if they voluntarily elected, for any cause, to retain in the service of the company employees who openly and willfully refused to properly attend to the duties devolving upon them, the company must be held answerable for any loss to its patrons which they may have suffered in consequence. Central R.R. & Banking Co. v. Georgia Fruit & Vegetable Exch., 91 Ga. 389, 17 S.E. 904 (1893) (decided under former law).

Where a railroad company receives freight for shipment, and its employees strike or cease to work for the company, it is still bound to forward the freight within a reasonable time; but if the strike is accompanied with violence and intimidation, so as to render it unsafe to forward the freight, the company is thereby relieved from liability for delay, especially when the resistance made by the strikers is of such a character as could not be overcome by the company, or controlled by the civil authorities when called upon by it. Haas v. Kansas City & C. R.R. Co., 81 Ga. 792, 7 S.E. 629 (1888) (decided under former law).

Cited in Southern Cotton-Oil Co. v. Louisville & N.R.R., 15 Ga. App. 751, 84 S.E. 198 (1915).

RESEARCH REFERENCES

Am. Jur. 2d.

- 13 Am. Jur. 2d, Carriers, § 420.

C.J.S.

- 13 C.J.S., Carriers, §§ 387, 441.

ALR.

- Liability of carrier for loss of, or damage to, freight by acts of mob or strikers, 20 A.L.R. 262.

Strike as affecting obligation of carrier under contract to discharge vessel or unload cars, 26 A.L.R. 309.

Carrier's liability for delay, or damages incident to delay, in transportation, due to strike, 28 A.L.R. 503; 45 A.L.R. 919.

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