A failure or refusal by a railroad company to comply with Code Section 46-8-1 will authorize any person having a right of action against the railroad company or its lessee, including an employee of either, to file and prosecute the action against the railroad company in all respects as if the railroad company were the proper party defendant. No plea or other defense attempting to shift liability to such lessee or denying control or possession of such property or line of road, filed either to an action by a member of the general public or to an action by an employee as aforesaid, shall protect any such railroad company failing or refusing to record as provided in Code Section 46-8-1 against liability.