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O.C.G.A. § 46-9-250 — Demand or receipt by railroad companies of more than a fair and reasonable rate for transportation of passengers or freight or for transportation of railroad cars | Georgia Code
O.C.G.A. § 46-9-250 (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 8 MISCELLANEOUS OFFENSES

46-9-250. Demand or receipt by railroad companies of more than a fair and reasonable rate for transportation of passengers or freight or for transportation of railroad cars.

If any railroad company organized or doing business under the laws of this state charges, collects, demands, or receives more than a fair and reasonable rate of toll or compensation for the transportation of passengers or freight of any description, or for the use and transportation of any railroad car upon its track or any of the branches thereof, or upon any railroad within this state which it has the right, license, or permission to use, operate, or control, that company shall be deemed guilty of extortion, and, upon conviction thereof, shall be subject to the liabilities and penalties provided in Code Sections 46-2-90, 46-2-92, and 46-2-93.

(Ga. L. 1878-79, p. 125, § 3; Code 1882, § 719c; Civil Code 1895, § 2187; Civil Code 1910, § 2628; Code 1933, § 93-406; Ga. L. 1982, p. 3, § 46.)

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.

JUDICIAL DECISIONS

Cited in Sorrell & Nall v. Central R.R., 75 Ga. 509 (1885); Southern Bell Tel. & Tel. Co. v. Beach, 8 Ga. App. 720, 70 S.E. 137 (1911); Central of Ga. Ry. v. Milledgeville Ry., 138 Ga. 434, 75 S.E. 614 (1912).

RESEARCH REFERENCES

Am. Jur. 2d.

- 13 Am. Jur. 2d, Carriers, §§ 185, 186.

C.J.S.

- 13 C.J.S., Carriers, § 489.

ALR.

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

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