§ 46-9-1. Standard of Care for Carriers and Common Carriers; Presumption of Negligence by Common Carriers Arising From Loss of Goods
Carriers as such are bound to exercise ordinary diligence. Common carriers as such are bound to use extraordinary diligence, and in cases of loss the presumption of law is against them, and no excuse avails them unless the loss was occasioned by the act of God or the public enemies of the state. History. Orig. […]
§ 46-9-2. Power of Common Carrier to Limit Liability
A common carrier may not limit his legal liability by any notice given either by publication or by entry on receipts given or tickets sold, provided that a common carrier may limit his liability by means of an express contract; provided, however, that a motor common carrier of household goods and office furnishings may require […]
§ 46-9-3. 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. […]
§ 46-9-4. Liability of Common Carrier Corporation for Acts Committed Outside of Scope of Charter
In all cases where persons are injured or property is damaged by any corporation engaged as a common carrier in the transportation of freight or passengers, or both, either by land or by water, such corporation shall be liable to pay damages to anyone whose person or property may be so injured or damaged, notwithstanding […]
§ 46-9-5. Limitation of Actions by Common Carriers for Recovery of Charges
All actions at law by common carriers operating in this state for the recovery of their charges or any part thereof, where such charges have accrued in connection with intrastate shipments, shall be initiated within three years after the time the cause of action accrues, and not thereafter. History. Ga. L. 1933, p. 191, § […]
§ 46-9-7. Time of Accrual of Actions Under Code Section 46-9-5
For the purposes of Code Section 46-9-5, the cause of action in respect of a shipment of property shall be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not thereafter. History. Ga. L. 1933, p. 191, § 2; Code 1933, § 18-603; Ga. L. 2017, p. 774, § 46/HB […]
§ 46-9-8. Requiring Specific Bonding Company as Surety
No common carrier authorized to do business in this state, when requiring of any employee that he give bond or undertaking of any nature whatsoever, shall require as surety thereon any specific or certain bonding company, provided that nothing in this Code section shall be construed to prevent any common carrier from specifying the form […]
§ 46-9-9. Right of Employee or Surety to Cancel Bond; Notice of Cancellation
Any employee who gives any bond or undertaking pursuant to Code Section 46-9-8 shall, upon the breach of any of the conditions thereof by the other party thereto, have the power to cancel the same by giving the surety thereon and the common carrier for whose benefit the same has been given at least ten […]