If any railroad company violates Code Section 46-9-53 or Code Section 46-9-54, either by exceeding the rates of storage prescribed or by discriminating as to rates charged, the person paying such overcharge or subjected to such discrimination shall have the right to bring an action for the amount of the overcharge or the amount of the difference in the rates charged, in any court of this state having jurisdiction of the claim. Such person shall have all the remedies and be entitled to recover the same penalties and damages as are prescribed in Code Sections 46-2-90 and 46-2-92.
History. Ga. L. 1890-91, p. 149, § 4; Civil Code 1895, § 2209; Civil Code 1910, § 2652; Code 1933, § 93-405.
Cross references.
Authority of General Assembly regarding regulation of public utility rates, Ga. Const. 1983, Art. III, Sec. VI, Para. V.
Prohibition against rebates, Ga. Const. 1983, Art. III, Sec. VI, Para. V.
Structure Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 9 - Transportation of Freight and Passengers Generally
Article 3 - Transportation and Storage of Freight and Livestock
Part 1 - Duties and Liabilities of Carriers Generally
§ 46-9-40. Duty of Common Carriers to Receive Goods
§ 46-9-42. Effect of Strike by Carrier’s Employees on Carrier’s Duty to Transport Goods
§ 46-9-43. Measure of Damages for Delay in Delivery of Goods by Carrier
§ 46-9-44. Estoppel of Carrier to Dispute Title to Goods Delivered to Him for Shipment
§ 46-9-45. Commencement and Termination of Carrier’s Responsibility for Goods
§ 46-9-46. Effect of Delivery to Consignee at Intermediate Point
§ 46-9-47. Fraud on Carrier as to Nature and Value of Goods
§ 46-9-50. Weighing of Railroad Cars by Certified Public Weighers; Manner of Weighing Cars
§ 46-9-52. Unjust Discrimination in Freight-Transportation Rates by Common Carriers Generally
§ 46-9-53. Discrimination by Railroad Companies in Applying Freight-Storage Charges
§ 46-9-54. Making and Retaining Freight-Storage Charges in Accordance With Rates Fixed by Commission
§ 46-9-56. False Billing, False Weighing, or False Report of Weight by Common Carriers