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2018 Georgia Code 46-9-47 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-9-47 Case Law from Google Scholar Amendments to OCGA 46-9-47

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

46-9-47. Fraud on carrier as to nature and value of goods.

A carrier may require the nature and value of the goods delivered to him to be made known, and any fraudulent acts, sayings, or concealment by his customers will release him from liability.

(Orig. Code 1863, § 2051; Code 1868, § 2054; Code 1873, § 2080; Code 1882, § 2080; Civil Code 1895, § 2290; Civil Code 1910, § 2744; Code 1933, § 18-309.)

JUDICIAL DECISIONS

Carrier expected to require disclosure to nature and value of goods delivered.

- Former Civil Code 1895, § 2290 (see O.C.G.A § 46-9-47) contemplated requirement by carrier, not a general duty on the part of the shipper to disclose, without such requirement. Southern Express Co. v. Hanaw, 134 Ga. 445, 67 S.E. 944, 137 Am. St. R. 227 (1910).

Method of packing articles as legal fraud.

- Where the shipper resorts to any artifice, to give a box, containing a valuable diamond breast-pin, a mean appearance, thereby, to induce the carrier to think it of trifling value, it was a legal fraud upon the carrier, which under former Code 1863, § 2051 (see O.C.G.A § 46-9-47) would relieve the carrier from liability. Southern Express Co. v. Everett, 37 Ga. 688 (1868).

Value of article may require voluntary disclosure.

- A shipper tendering to a carrier for transportation of an article of an unusual value, not apparent from a casual inspection of the package as tendered, is in duty bound to disclose to the carrier the nature or the value of the article. Under former Civil Code 1895, § 2290 (see O.C.G.A § 46-9-47) a failure so to disclose, would absolve the carrier from liability for the loss of the property; and this is also true, under the interstate commerce law. Southern Express Co. v. Pope, 5 Ga. App. 689, 63 S.E. 809 (1909).

Jewelry and wearing apparel not properly characterized as household goods.

- Where the statement was made that bundles contained household goods, but in fact a considerable portion of the articles delivered were jewelry or ornaments and wearing apparel, under former Code 1882, § 2080 (see O.C.G.A § 46-9-47) no recovery can be had for the latter articles if lost. Charleston & S. Ry. v. Moore, 80 Ga. 522, 5 S.E. 769 (1888).

Cited in Fish v. Chapman & Ross, 2 Ga. 349 (1847); Southern Express Co. v. Newby, 36 Ga. 635 (1867); Georgia R.R. & Banking v. Keener, 93 Ga. 808, 21 S.E. 287 (1894); Wood v. Southern Express Co., 95 Ga. 451, 22 S.E. 535 (1895); Central of Ga. Ry. v. Hall, 124 Ga. 322, 52 S.E. 679 (1905).

RESEARCH REFERENCES

ALR.

- Liability of carrier for misrepresenting subject or character of shipment, 38 A.L.R. 1446.

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