Actions may be brought against receivers, trustees, assignees, and other like officers operating railroads in this state, in the same county, and service may be perfected by serving them or their agents in the same manner, as if the action had been brought against the corporation whose property or franchise is being operated by them. All such actions may be brought without leave to sue first having been obtained from any court.
(Ga. L. 1895, p. 103, § 2; Civil Code 1895, § 2325; Civil Code 1910, § 2789; Code 1933, § 94-1107.)
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
Applicability to contract and tort actions.
- Former Civil Code 1910, § 2789 (see O.C.G.A § 46-8-314) applied whether action arose in contract or tort. Munson v. Houser, 9 Ga. App. 346, 71 S.E. 595 (1911).
Section not applicable to nonemployees.
- Former Civil Code 1910, § 2789 (see O.C.G.A § 46-8-314) did not apply to an action brought against the receivers of a railroad company to recover damages arising from personal injuries to one not an employee of the receivers. Fried v. Sullivan, 27 Ga. App. 326, 108 S.E. 127, cert. denied, 27 Ga. App. 836 (1921); Hancock v. Miller, 28 Ga. App. 387, 111 S.E. 80 (1922).
Cited in Lamb v. McElwaney, 143 Ga. 490, 85 S.E. 705 (1915).
RESEARCH REFERENCES
Am. Jur. 2d.
- 77 Am. Jur. 2d, Venue, § 32 et seq.
C.J.S.- 92A C.J.S., Venue, §§ 77, 78.
ALR.
- Appointment of receiver for railroad as affecting service of process on agent or employee in action against company, 9 A.L.R. 228.
ARTICLE 12 STREET, SUBURBAN, AND INTERURBAN RAILROADS
RESEARCH REFERENCES
ALR.
- Liability of street railway company to passenger struck by a vehicle not subject to its control, 1 A.L.R. 953; 12 A.L.R. 1371; 31 A.L.R. 572; 44 A.L.R. 162.
Status as street car passenger of person transferring from one car to another, 22 A.L.R. 315.
Duty to run a street car or train at a speed that will not prevent its being stopped within the distance covered by its own lights, 29 A.L.R. 1045.
Power of Public Service Commission with respect to regulation of street railways, 39 A.L.R. 1517.
Liability for injuries due to collision between street car and automobile at street intersection, 46 A.L.R. 1000.
Liability for striking one who alighted from vehicle in path approaching street car, 46 A.L.R. 1184.
Street easements as a factor in fixing a rate base for a street railway company, 49 A.L.R. 1477.
Liability for collision between street car and vehicle driven ahead of or toward it along or close to the track, 63 A.L.R. 10; 102 A.L.R. 716.
Change from street cars to motorbuses as affecting rights as between street railway companies and abutting owners or owners across whose property the company has a right of way, 102 A.L.R. 391.
Validity, construction, and application of municipal ordinances relating to loading or unloading passengers by interurban busses on streets, 144 A.L.R. 1119.