10.060 Carriers; Acts of God and Public Enemies | Pdf Doc Docx | Georgia_JI

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10.060 Carriers; Acts of God and Public Enemies | Pdf Doc Docx | Georgia_JI

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10.060 Carriers; Acts of God and Public Enemies

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10.060 Carriers; Acts of God and Public Enemies The carrier has the burden to establish not only that an act of God ultimately caused the loss, but also that the carrier's own negligence (carelessness) did not contribute to it. The carrier has the burden to establish by clear and convincing evidence that the loss of property delivered to the carrier for transportation was caused by the public enemies of the state. Public enemy includes acts of violence and armed and organized resistance, whether by military force or strike, or acts otherwise of such character as could not be overcome by the carrier or controlled by the civil authorities when called upon. (See 02.040 Clear and Convincing Evidence. Clarke v. Cotton, 263 Ga. 861 (1994).) O.C.G.A. §§46-9-1, 46-9-42 Central of Georgia Railway Co. v. Hall, 124 Ga. 322, 323 (9) (1905) Payne v. West Point Wholesale Grocery Co., 151 Ga. 46, 52 (1921) Campbell Wallace v. William Sanders, 50 Ga. 134 (1) (1873) Haas v. The Kansas City, Fort Scott and Gulf Railroad Co., 81 Ga. 792 (1888)

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