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.
History. Civil Code 1895, § 2265; Civil Code 1910, § 2713; Code 1933, § 18-103.
Structure Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 9 - Transportation of Freight and Passengers Generally
Article 1 - General Provisions
§ 46-9-2. Power of Common Carrier to Limit Liability
§ 46-9-4. Liability of Common Carrier Corporation for Acts Committed Outside of Scope of Charter
§ 46-9-5. Limitation of Actions by Common Carriers for Recovery of Charges
§ 46-9-7. Time of Accrual of Actions Under Code Section 46-9-5
§ 46-9-8. Requiring Specific Bonding Company as Surety
§ 46-9-9. Right of Employee or Surety to Cancel Bond; Notice of Cancellation