O.C.G.A.
O.C.G.A.

O.C.G.A. § 46-9-5 (2019)

Limitation of actions by common carriers for recovery of charges

✓ 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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All actions at law by common carriers operating in this state for the recovery of their charges or any part thereof, where such charges have accrued in connection with intrastate shipments, shall be initiated within three years after the time the cause of action accrues, and not thereafter.

History

(Ga. L. 1933, p. 191, § 1; Code 1933, § 18-601; Ga. L. 1982, p. 3, § 46.)

Annotations

Law reviews. - For article, "Statutes of Limitation: Counterproductive Complexities," see 37 Mercer L. Rev. 1 (1985).

JUDICIAL DECISIONS

Preemption by federal Interstate Commerce Act. - While the federal Interstate Commerce Act did not preempt a motor carrier's state law actions against a shipping broker for breach of contract and recovery on an open account, the state law statute of limitations for those actions found in O.C.G.A. §§ 46-9-5, 9-3-25 were preempted by the 18-month statute of limitations in 49 U.S.C. § 14705(a); therefore, the carrier's action, filed five days after the 18-month time limit had expired, was untimely. Exel Transp. Servs. v. Sigma Vita, Inc., 288 Ga. App. 527, 654 S.E.2d 665 (2007).

RESEARCH REFERENCES

ALR. - Expiration of period prescribed by bill of lading or statute for shipper's claim or action against carrier as affecting his right to avail himself of claim by recoupment in carrier's action against himself or claim by recoupment of carrier's action against him, 140 A.L.R. 816.

Notes of Decisions
Cited in 3 cases, 1996–2007 · leading case: Exel Transp. Servs., Inc. v. Sigma Vita, Inc., 654 S.E.2d 665 (Ga. Ct. App. 2007).
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Exel Transp. Servs., Inc. v. Sigma Vita, Inc., 654 S.E.2d 665 (Ga. Ct. App. 2007). · cites it 2× “Sigma argued that the action was governed by the statute of limitation provisions of OCGA § 9-3-25 which require that actions on an open account be brought within four years after the cause of action accrues, and OCGA § 46-9-5, which require that actions by common carriers for…”
First Nat'l Bank of Boston, Successor-In-Interest of Brown Transp. Corp. v. Thomson Consum. Elec., Inc., Cross-Appellee, 84 F.3d 397 (1st Cir. 1996). “See O.C.G.A. § 46-9-5 (three-year limitation on actions for recovery of intrastate shipping charges).”
First Nat'l Bank v. Thomson (11th Cir. 1996). “See O.C.G.A. § 46-9-5 (three-year limitation on actions for recovery of intrastate shipping charges).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.