O.C.G.A.

O.C.G.A. § 46-9-52 (2019)

Unjust discrimination in freight-transportation rates by common carriers generally

✓ 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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(a) No person, including an officer or agent of any corporation, shall, either by payment of money or other thing of value, by solicitation, or otherwise, induce any common carrier of freight within this state, or any officers or agents of the common carrier, to discriminate unjustly in favor of that person or corporation as against any other consignor or consignee in the transportation of freight to and from points in this state; and no such person shall aid or abet any common carrier in any such unjust discrimination.

(b) Any person who violates this Code section shall be guilty of a misdemeanor. In addition, any such person shall, together with such common carrier, be liable jointly or severally in an action to be brought by any consignor or consignee discriminated against for all damages caused by or resulting from the discrimination.

History

(Ga. L. 1889, p. 134, § 3; Civil Code 1895, § 2307; Penal Code 1895, § 684; Civil Code 1910, § 2761; Penal Code 1910, § 733; Code 1933, §§ 18-318, 18-9914.)

Annotations

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. Compelling of witnesses to testify before commission as to discrimination in rates and charges

by common carriers, § 46-2-55. Prohibition against discrimination by railroad companies in freight-transportation rates or tariffs charged to connecting lines or routes, § 46-9-213. Overcharging by officers, agents, etc., of common carriers for transporting freight or passengers, § 46-9-252.

JUDICIAL DECISIONS Cited in Kates v. Atlanta Baggage & Cab Co., 107 Ga. 636, 34 S.E. 372 (1899). RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, § 279. C.J.S. - 13 C.J.S., Carriers, §§ 142, 195, 232, 233, 281, 336, 355, 368, 369, 370, 372. ALR. - Discrimination by carrier between shippers as to use of right of way or wharf, 44 ALR 1526. Carrier’s right or liability in respect of excess of lawful charge over charge understated where discrimination is forbidden, 83 ALR 245. Right to maintain action against carrier on

ground that rates which were filed and published by carrier pursuant to law were excessive, 97 ALR 406. Liability of carrier to punitive damages with respect to subject of interstate shipment, 107 ALR 1446. Waiver of rights by carrier under interstate shipments as constituting unlawful discrimination among shippers, 135 ALR 611. Carrier’s understatement of charges where discrimination is forbidden, 88 ALR2d 1375.