O.C.G.A. § 46-9-91 (2019)
Liability of company for failure to furnish cars; written claim for damages by shipper; time of payment by company; liquidated damages
(a) Whenever any railroad company fails to furnish icing and refrigerator cars as required by Code Section 46-9-90 and the shipper places his product in carload lots or, in cases of less than carload lots, expresses to the agent of the railroad company his willingness to pay charges for carload lots, then such railroad company shall be liable for the market value of such product with interest thereon. The market value shall be determined by the market value of the product less the cost of carriage and the usual expense of selling in the market to which the shipper intended shipping the same, on the day such product would have arrived had the same been carried in the usual course of transportation on schedule time for such freight.
(b) In order to avail himself of the rule of damage expressed in subsection (a) of this Code section, the shipper must notify in writing the agent of the railroad company of the market to which he intended to ship his product. Payment shall be made by the railroad company for such product within 30 days after written claim has been filed with the company therefor.
(c) In the event such railroad company fails to make payment as provided in this Code section or fails to tender the correct amount thereof, it shall be liable for an additional fixed sum of $50.00 for each car as liquidated damages. Such liquidated damages may be recovered in any action brought for the recovery of damages on the main claim, in the event recovery is had thereon.
History
(Ga. L. 1907, p. 84, § 2; Civil Code 1910, § 2775; Code 1933, § 18-315.)
Annotations
JUDICIAL DECISIONS Measures of damages. - The correct measure of damage is ordinarily the differ-
ence in the market value of the fruit at the point of shipment at the time the cars should
have been furnished, and at the time they were actually furnished. Central of Ga. Ry. v. George P. Greene & Co., 41 Ga. App. 794, 154 S.E. 809 (1930). Where a suit for failure to furnish cars was based on former Code 1933, §§ 18-314 and 18-315 (see O.C.G.A. §§ 46-9-90 and 46-9-91), the measure of damages prescribed
therein being the sole and exclusive measure in any suit brought under such statutes, the market value of the product was to be determined at ‘‘the market to which the shipper intended shipping’’ it. Southwestern R.R. v. Davies, 53 Ga. App. 712, 186 S.E. 899 (1936). Cited in Southwestern R.R. v. Davies, 53 Ga. App. 712, 186 S.E. 899 (1936).
RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Carriers, § 234 et seq. C.J.S. - 13 C.J.S., Carriers, § 386.
ALR. - Railroad carrier’s liability where goods were allegedly damaged by failure to properly refrigerate, 4 ALR3d 994.