Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 46-9-212 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-9-212 Case Law from Google Scholar Amendments to OCGA 46-9-212

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 9. Transportation of Freight and Passengers Generally, 46-9-1 through 46-9-332.

ARTICLE 6 CONNECTING CARRIERS GENERALLY

46-9-212. Switching off and delivering to connecting roads all cars consigned to points over or beyond the connecting roads.

  1. All railroad companies in this state shall, at the terminus or at any intermediate point, be required to switch off and deliver to connecting roads, in the yard of such roads, all cars passing over their lines which cars contain goods or freights consigned, without rebate or deception, by any route, at the option of the shipper, according to customary or published rates, to any point over or beyond such connecting road.
  2. Any failure by a railroad company to switch off and deliver cars as required by subsection (a) of this Code section with reasonable diligence, according to the route by which such goods or freights were consigned, shall be deemed and taken as a conversion in law of such goods or freights, and shall give a right of action to the owner or consignee for the value of the goods or freights, with interest, and not less than 10 percent nor more than 25 percent for expenses and damages, provided that if the defendant in any action brought under this Code section or Code Section 46-9-213 asserts as a defense that the plaintiff has accepted a rebate or practiced fraud or deception in regard to the rate, it shall be a complete reply to such defense if the plaintiff can prove that the defendant or its agents have allowed a rebate or practiced fraud or deception in regard to the rate from the same competing point against the rival line.

(Ga. L. 1874, p. 94, § 1; Code 1882, § 719q; Civil Code 1895, § 2212; Civil Code 1910, § 2655; Code 1933, § 93-409.)

JUDICIAL DECISIONS

What constitutes connecting line.

- A connecting line, in the sense of former Code 1882, § 719q (see O.C.G.A. § 46-9-212), was where any railroad at its terminus, or any intermediate point along its line, joins another, or where two railroads have the same terminus. Logan & Co. v. Central R.R., 74 Ga. 684 (1885); Georgia R.R. & Banking v. Maddox, 116 Ga. 64, 42 S.E. 315 (1902).

Furnishing cars without compensation not required.

- A railroad company was not compelled to make a contract to forward goods beyond its own line; though if it should make such a contract and fail to carry it out, it would be liable in damages. Former Code 1882, § 712q (see O.C.G.A. § 46-9-212) meant that if the initial company received cars from another line consigned to a point beyond its terminus, it shall deliver them to the connecting road running to that point; but there was no intention to compel one company to furnish its own cars to another without any compensation for their use. Coles, Simkins & Co. v. Central R.R. & Banking Co., 86 Ga. 251, 12 S.E. 749 (1890); State v. Wrightville & T.R.R., 104 Ga. 437, 30 S.E. 891 (1898); Augusta Brokerage Co. v. Central of Ga. Ry., 121 Ga. 48, 48 S.E. 714 (1904); Seaboard Air-Line Ry. v. Dixon, 140 Ga. 804, 79 S.E. 1118 (1913).

Cited in Central of Ga. Ry. v. Milledgeville Ry., 138 Ga. 434, 75 S.E. 614 (1912); Georgia Pub. Serv. Comm'n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949).

RESEARCH REFERENCES

ALR.

- Right of connecting carrier to benefit of stipulation in bill of lading limiting time for bringing suit or giving notice of loss, 60 A.L.R. 1250.

Changed conditions as affecting duty, or enforcement of duty, as to train service or maintenance of stations imposed upon railroad by charter or statute, 111 A.L.R. 57.

No results found for Georgia Code 46-9-212.