O.C.G.A.

O.C.G.A. § 46-9-216 (2019)

Civil penalty

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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For every violation of any of the provisions of Code Section 46-9-210 or 46-9-211, the railroad company shall be subject to a civil penalty of $1,000.00, which may be recovered in any superior or city court of the county in which such violation may occur. An action may be brought by the railroad company whose road may be discriminated against or by the person offering to buy a ticket over such road. The penalty provided for in this Code section may be recovered by each of these parties; and recovery by one shall not be a bar to recovery by the other.

History

(Ga. L. 1890-91, p. 155, § 3; Civil Code 1895, § 2301; Civil Code 1910, § 2755; Code 1933, § 18-503.)

Annotations

JUDICIAL DECISIONS When liability arises. - No liability for the penalty provided by former Civil Code 1895, § 2301 (see O.C.G.A. § 46-9-216) attached to a refusal to sell the tickets of a connecting railroad company where, for any reason, it did not desire its tickets sold by other than its own agents, or where it had not expressed a

desire that tickets to stations on its line shall be sold by another connecting therewith. Wimberly v. Georgia, S. & F. Ry., 5 Ga. App. 263, 63 S.E. 29 (1908). Cited in Stephens v. Central of Ga. Ry., 138 Ga. 625, 75 S.E. 1041 (1912).

RESEARCH REFERENCES ALR. - Recovery of cumulative statutory penalties, 71 ALR2d 986.

ARTICLE 7 EXPRESS COMPANIES

Cross references. - Secretary of State corporations generally, Ga. Const. 1983, Art. III, Sec. VI, Para. V and Ch. 4, T. 14.