Code section allowing railroads to cross each other not repealed.

- Former Civil Code 1910, § 2664 (see O.C.G.A. § 46-8-21) did not repeal paragraph (6) of former Civil Code 1910, § 2585 (see O.C.G.A. § 46-8-100), allowing railroads to cross each other. Savannah River Terms. Co. v. Southern Ry., 148 Ga. 180, 96 S.E. 257 (1918).

Courts have no power to make or control utility rates.

- Making and controlling utility rates is a legislative function delegated to a quasi-legislative body and courts have no power to control and make such rates. DeKalb County v. Southern Bell Tel. & Tel. Co., 358 F. Supp. 498 (N.D. Ga. 1972), aff'd, 478 F.2d 700 (5th Cir. 1973) (decided prior to revision of § 50-13-2 by Ga. L. 1975, p. 404).

Matters to be considered in determining necessity of physical track connections.

- In determining whether public necessity exists to require railroad companies to make physical track connections just regard should be given on the one side to probably resulting advantages, and, on the other side, to the necessary expenses to be incurred. Seaboard Air Line Ry. v. Railroad Comm'n, 240 U.S. 324, 36 S. Ct. 260, 60 L. Ed. 669 (1916).

Evidence required for finding necessity for track connection.

- Finding of public necessity for physical track connection cannot be supported by mere declaration of commission; there must be sufficient evidence to support it. Seaboard Air Line Ry. v. Railroad Comm'n, 240 U.S. 324, 36 S. Ct. 260, 60 L. Ed. 669 (1916).

Commission's power to allow removal of spur tracks by carrier.

- Commission has power under former Civil Code 1910, § 2664 (see O.C.G.A. § 46-8-21) to permit carrier to remove spur tracks and side tracks. Railroad Comm'n v. Macon Ry. & Light Co., 151 Ga. 256, 106 S.E. 282 (1921).

When railroad may be required to build spur and side tracks.

- Under former Civil Code 1910, § 2664 (see O.C.G.A. § 46-8-21), the commission has power and authority to require railroad companies to build spur tracks and side tracks: (1) when such construction was practicable, and the business to be derived by the railroad company showed the order to be reasonable; and (2) when the facts show that such track was a public track and constructed for the benefit of the public. Railroad Comm'n v. Louisville & N.R.R., 148 Ga. 442, 96 S.E. 855 (1918).

Requiring side track to remain in service not violation of company's due process rights.

- Requiring continuance of service of side track does not deprive company of its property without due process of law in violation of U.S. Const., Amend. 14, where the service rendered by a side track is much greater in out-of-pocket cost than the compensation. The requirement that such a service should not be discontinued without notice and hearing is within the police power of the state. Southern Ry. v. Georgia Pub. Serv. Comm'n, 218 Ga. 157, 127 S.E.2d 12 (1962).

Depreciation and expenses to be included in damages for unconstitutional order.

- In action by a railroad attacking as unconstitutional a state order under former Civil Code 1910, § 2664 (see O.C.G.A. § 46-8-21) requiring it to establish and operate an industrial spur track, the pecuniary amount involved included, not only the cost of construction, but also interest thereon, depreciation, maintenance and operating expenses, capitalized at a reasonable rate. Western & Atl. R.R. v. Railroad Comm'n, 261 U.S. 264, 43 S. Ct. 252, 67 L. Ed. 645 (1923).

Cited in Atlantic Coast Line R.R. v. A. T. Snodgrass & Co., 14 Ga. App. 668, 82 S.E. 153 (1914); Farmers Cotton Oil Co. v. Brooke, 14 Ga. App. 778, 82 S.E. 372 (1914); Georgia Pub. Serv. Comm'n v. Georgia Power Co., 182 Ga. 706, 186 S.E. 839 (1936); Louisville N.R.R. v. Atlantic Co., 66 Ga. App. 791, 19 S.E.2d 364 (1942); City of Doraville v. Southern Ry., 227 Ga. 504, 181 S.E.2d 346 (1971).

Railroad yard constructional details not within commission's authority.

- Public Service Commission is without authority to regulate constructional details as to spacing of railroad tracks within railroad yards. 1952-53 Op. Att'y Gen. p. 496.

Requiring railroad to begin or maintain passenger service.

- Commission does not have authority to require railroad not presently providing passenger service to commence passenger service if railroad does not desire to do so. If the railroad has voluntarily undertaken to provide passenger service to the citizens of this state the commission would have the authority to require the railroad to maintain such public service and facilities as may be reasonable and just. However, the commission cannot require the railroad to operate at a loss. 1980 Op. Att'y Gen. No. 80-36.

ALR.

- Power of Public Service Commission to increase franchise rates, 9 A.L.R. 1165; 28 A.L.R. 587; 29 A.L.R. 356.

Duty of railroad to operate side and switch tracks and spurs, 18 A.L.R. 722.

Power of state to require interstate carrier to make track connections with other roads, 22 A.L.R. 1078.

Special services or facilities afforded by shipper as a factor in carrier's rates, 25 A.L.R. 191.

Power of Public Service Commission to require railroad or street railway to extend its line or build new line to new territory, 30 A.L.R. 73.

Street easements as a factor in fixing a rate base for a street railway company, 49 A.L.R. 1477.

Power of Public Service Commission in respect to alteration or extension of passenger service, 70 A.L.R. 841.

Construction and effect of liability exemption or indemnity clause in spur track agreement, 20 A.L.R.2d 711.

Validity, construction, and effect of § 102(a) of Railroad Revitalization and Regulatory Reform Act (49 USCS § 11501), 143 A.L.R. Fed. 347.