O.C.G.A.

O.C.G.A. § 46-9-26 (2019)

Commission to prescribe schedule of maximum rates and charges for freight storage by railroad companies

✓ 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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The commission is required to fix and prescribe a schedule of maximum rates and charges for storage of freight to be made and charged by railroad companies doing business in this state, and to fix at what time after the receipt of freight at place of destination such charges for storage shall begin. The commission shall have the power to vary such rates and charges according to the value and character of the freight stored, the nature of the place of destination, the residence of the consignee, and such other facts as in its judgment should be considered in fixing the same. All of the provisions of this title prescribing the procedure to be followed by the commission in fixing freight and passenger tariffs, hearing complaints of carriers and shippers, and altering and amending freight and passenger tariffs shall apply to the subject of fixing and amending rates and charges for storage.

History

(Ga. L. 1890-91, p. 149, § 1; Civil Code 1895, §§ 2206, 2207; Civil Code 1910, §§ 2649, 2650; Code 1933, § 93-317.)

Annotations

JUDICIAL DECISIONS Courts have no power to control and make rates. - Making and controlling utility rates is legislative function delegated to quasi-legislative body and the Georgia 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). Cited in Dixon v. Central of Ga. Ry., 110 Ga. 173, 35 S.E. 369 (1900); Gray v. McLendon, 134 Ga. 224, 67 S.E. 859 (1910).

RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, §§ 164 et seq., 172. 64 Am. Jur. 2d, Public Utilities, § 166 et seq.

ARTICLE 3 TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK

Cross references. - Requirement that hazardous wastes transported across, within, or through state be accompanied by manifest, § 12-8-67. Prohibition against payments

to labor organizations by carriers or shippers for transportation of motor vehicle, etc., by rail if such vehicle is also capable of being moved or propelled on highways, § 34-6-8.

Part 1 Duties and Liabilities of Carriers Generally