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2018 Georgia Code 46-9-55 | Car Wreck Lawyer

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 9. Transportation of Freight and Passengers Generally, 46-9-1 through 46-9-332.

ARTICLE 3 TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK

46-9-55. Remedy for persons charged excessive freight-storage rates or subjected to discrimination in application of freight-storage rates.

If any railroad company violates Code Section 46-9-53 or Code Section 46-9-54, either by exceeding the rates of storage prescribed or by discriminating as to rates charged, the person paying such overcharge or subjected to such discrimination shall have the right to bring an action for the amount of the overcharge or the amount of the difference in the rates charged, in any court of this state having jurisdiction of the claim. Such person shall have all the remedies and be entitled to recover the same penalties and damages as are prescribed in Code Sections 46-2-90 and 46-2-92.

(Ga. L. 1890-91, p. 149, § 4; Civil Code 1895, § 2209; Civil Code 1910, § 2652; Code 1933, § 93-405.)

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 Georgia Pub. Serv. Comm'n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949).

RESEARCH REFERENCES

Am. Jur. 2d.

- 13 Am. Jur. 2d, Carriers, § 185 et seq.

C.J.S.

- 13 C.J.S., Carriers, §§ 232, 233, 281, 354, 372.

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