The lessees of any railroad or the company having possession of the railroad shall be liable to an action of any kind in the same court or jurisdiction as were the lessors or owners of the railroad before the lease.
(Ga. L. 1862-63, p. 161, § 1; Code 1868, § 3330; Code 1873, § 3407; Code 1882, § 3407; Civil Code 1895, § 2335; Civil Code 1910, § 2799; Code 1933, § 94-1102.)
Cross references.- Further provisions regarding venue for actions against railroad companies, § 46-1-2.
Law reviews.- For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972).
JUDICIAL DECISIONS
Identity of roads retained.
- Although one railroad may be leased to and operated by another, by which, in accordance with former Code 1873, § 3407 (see O.C.G.A § 46-8-310), the latter makes itself responsible for acts done on the road leased, yet neither loses its identity, and any tort committed upon the line of the one or the other should be so alleged and proved, and this was especially true where both roads were constructed through the territory of the same county. Central R.R. v. Brinson, 64 Ga. 475 (1880).
Foreign corporations within section.
- Former Code 1868, § 3330 (see O.C.G.A § 46-8-310) applied to foreign as well as domestic corporations. Breed v. Mitchell, 48 Ga. 533 (1873); Williams v. East Tenn., V. & Ga. Ry., 90 Ga. 519, 16 S.E. 303 (1892).
Venue where action brought against foreign corporation operating domestic franchise.
- Where a foreign corporation leases or operates a domestic franchise, under former Civil Code 1895, § 2335 (see O.C.G.A § 46-8-310), an action may be brought in the county of the residence of the company owning the franchise. Coakley v. Southern Ry., 120 Ga. 960, 48 S.E. 372 (1904).
Venue of tort where line operates partly in another state.
- The lessee of a line of railroad partly within this state and partly within the state of Alabama is subject to an action here, in accordance with former Code 1882, § 3407 (see O.C.G.A § 46-8-310), by an employee for a personal injury sustained in Alabama while engaged in duties as an employee upon the line. Watson v. Richmond & D.R.R., 91 Ga. 222, 18 S.E. 306 (1892).
Service of summons on superintendent valid.
- Under former Code 1882, § 3407 (see O.C.G.A § 46-8-310), service of summons in an action against a lessee railroad company, by leaving a copy at the office of the superintendent in the county in which the declaration alleged were and are situated the principal offices of the lessor and lessee, was good. Hills v. Richmond & D.R.R., 37 F. 660 (N.D. Ga. 1888).
Fact of lease can be proved without producing the writing. Central R.R. v. Whitehead, 74 Ga. 441 (1885).
Cited in Logan & Co. v. Central R.R., 74 Ga. 684 (1885); Nashville, C. & S.L. Ry. v. Edwards, 91 Ga. 24, 16 S.E. 347 (1892); Savannah & A. Ry. v. Newsome, 90 Ga. App. 390, 83 S.E.2d 80 (1954).
RESEARCH REFERENCES
Am. Jur. 2d.
- 65 Am. Jur. 2d, Railroads, § 232.
C.J.S.- 74 C.J.S., Railroads, § 451 et seq.