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O.C.G.A. § 46-9-215 — Duty of railroad companies to receive freight cars from connecting roads; measure of damages for failure or refusal to receive cars | Georgia Code
O.C.G.A. § 46-9-215 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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

46-9-215. Duty of railroad companies to receive freight cars from connecting roads; measure of damages for failure or refusal to receive cars.

All railroad companies in this state, at the terminus or at any intermediate point, shall receive from the connecting road all cars containing freight consigned to any point on the road to which the same is offered and shall transport the cars to their destination with reasonable diligence. Any failure or refusal to comply with this requirement shall give to the consignee, the shipper, or the owner of such goods and freight a right of action against the company so refusing; and the damages received in such action shall not be less than 10 percent nor more than 25 percent of the value of the goods so refused to be received.

(Ga. L. 1882-83, p. 145, § 1; Civil Code 1895, § 2302; Civil Code 1910, § 2756; Code 1933, § 18-504.)

JUDICIAL DECISIONS

Construction with Code section46-9-130. - Former Civil Code 1910, § 2756 (see O.C.G.A. § 46-9-215) should be construed in connection with former Civil Code 1910, § 2729 (see O.C.G.A. § 46-9-130). Central of Ga. Ry. v. Dixon, 141 Ga. 755, 82 S.E. 37 (1914).

RESEARCH REFERENCES

Am. Jur. 2d.

- 4 Am. Jur. 2d, Animals, §§ 135, 138.

C.J.S.

- 13 C.J.S., Carriers, §§ 460-462.

ALR.

- Liability of carrier to punitive damages with respect to subject of interstate shipment, 107 A.L.R. 1446.

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