GA Code § 32-6-190 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 6 - Regulation of Maintenance and Use of Public Roads Generally|Article 6 - Public Utilities|Part 2 - Railroads|§ 32-6-190. Duty to Maintain Grade Crossings

 Any railroad whose track or tracks cross a public road at grade shall have a duty to maintain such grade crossings in such condition as to permit the safe and reasonable passage of public traffic. Such duty of maintenance shall include that portion of the public road lying between the track or tracks and for two feet beyond the ends of the crossties on each side and extending four feet beyond the traveled way or flush with the edge of a paved shoulder, whichever is greater, of such crossing.   (Code 1933, § 95A-1006, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2002, p. 1050, § 1.)   Law reviews.   - For note on the 2002 amendment of this Code section, see 19 Ga. St. U. L. Rev. 213 (2002). For comment, "Commercial Transportation," see 69 Mercer L. Rev. 1087 (2018).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code 1895, § 2220, former Code 1910, § 2673, and former Code 1933, § 94-503, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.    Section applies to road crossings, not to roads running parallel to railroads. Collier v. Georgia R.R., 76 Ga. 611 (1886) (decided under former Code 1895, § 2220).   Section's applicability to excavation made for purpose of laying track.    - Provisions of section apply to railroad company where public road is crossed only by an excavation made for purpose of laying therein, across such public road, a railroad track of the company, and before any railroad track has been laid and before work of constructing railroad is completed across such public road. Mixon v. Savannah & A. Ry., 152 Ga. 670, 111 S.E. 197 (1922) (decided under former Code 1910, § 2673).   Duty may extend beyond two feet.    - O.C.G.A. § 32-6-190 strongly implies that the railroad's duty may extend beyond the two feet mentioned in the statute. Easterwood v. CSX Transp., Inc., 933 F.2d 1548 (11th Cir. 1991), aff'd, 507 U.S. 658, 113 S. Ct. 1732, 123 L. Ed. 2d 387 (1993).   Effect of federal highway aid provisions.    - In the absence of a decision by a federally designated policymaker, state common law liabilities relating to the adequacy of railroad grade crossings are not affected by the federal highway aid provisions of the United States Code. Easterwood v. CSX Transp., Inc., 933 F.2d 1548 (11th Cir. 1991), aff'd, 507 U.S. 658, 113 S. Ct. 1732, 123 L. Ed. 2d 387 (1993).   No compensation to railroad for mere enlargement of crossing.    - When crossing of railroad track and public road is partially shifted in one direction and is more in nature of an enlargement than an entire change, railroad company is not entitled to compensation for cost of making structural change of the company's right of way at the crossing. State Hwy. Bd. v. Georgia R.R. & Banking Co., 47 Ga. App. 652, 171 S.E. 176 (1933) (decided under former Code 1910, § 2673).   Common law action against railroad precluded.    - Georgia Code of Public Transportation precluded a common law cause of action against a railroad for the failure to install adequate protective devices at a grade crossing on a public road since the railroad had not been requested to do so by the appropriate governmental entity. Southern Ry. v. Georgia Kraft Co., 188 Ga. App. 623, 373 S.E.2d 774 (1988).   Railroad must maintain prescriptive public crossings.    - When a crossing becomes a public crossing, by implication through being used by public and worked or treated by public authorities as part of a system of public highways in place where passageway is claimed and continuously used for a period of over 20 years, the crossing or passageway is considered the same as other public streets and highways intersecting railroads within a city's limits, and provisions of this section prevail. Atlantic Coast Line R.R. v. Layne, 88 Ga. App. 674, 77 S.E.2d 565 (1953) (decided under former Code 1933, § 94-503).   Liability where tracks of two railroad companies cross on same street.    - When there is a crossing of tracks of two railroad companies in a city street, it is ordinarily, as between the companies, the duty of the crossing company, at whose instance and for whose benefit the crossing was made, to keep the crossing in repair. Macon Ry. & Light Co. v. Southern Ry., 28 Ga. App. 339, 110 S.E. 912, cert. denied, 28 Ga. App. 819 (1922) (decided under former Code 1910, § 2673).    When track of a railroad company crosses track of another railroad company in a city street, the duty of keeping the crossing in repair rests upon both companies, and either may and should make all necessary repairs, but the company making the repairs may recover the expense of such repairs from other company, if, as between the companies, the duty of making repairs was upon the latter. Macon Ry. & Light Co. v. Southern Ry., 23 Ga. App. 339, 110 S.E. 912, cert. denied, 28 Ga. App. 819 (1922) (decided under former Code 1910, § 2673).    Railroad company's failure to comply with the company's duties under the law is negligence as a matter of law. Southern Ry. v. Brooks, 112 Ga. App. 324, 145 S.E.2d 76 (1965) (decided under former Code 1933, § 94-503).   Railroad liability for employee's or independent contractor's negligence.    - Wrongful act or negligence of employee or independent contractor in failing to keep public road in good order where crossed by an excavation made for purpose of constructing a railroad therein, being an act in violation of this section, the railroad is not absolved from liability upon ground that alleged tort was committed by employee or independent contractor. Mixon v. Savannah & A. Ry., 28 Ga. App. 390, 111 S.E. 690 (1922) (decided under former Code 1910, § 2673).    Cited in Central of Ga. R.R. v. Schnadig Corp., 139 Ga. App. 193, 228 S.E.2d 165 (1976); Peluso v. Central of Ga. R.R., 165 Ga. App. 215, 299 S.E.2d 51 (1983).   RESEARCH REFERENCES   ALR.   - Customary or statutory signal from train as measure of railroad's duty as to warning at highway crossing, 5 A.L.R.2d 112.   Duty of railroad company to maintain flagman at crossing, 24 A.L.R.2d 1161.