reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8 - RAILROAD COMPANIES (§§ 46-8-1 — 46-8-382) › Article 12 - STREET, SUBURBAN, AND INTERURBAN RAILROADS (§§ 46-8-330 — 46-8-348) › Section 46-8-340 - Free transportation for policemen, firemen, and other members of municipal and county utility departments by street, suburban, and interurban railroad companies

Any street, suburban, or interurban railroad company may furnish free transportation, over its lines operated in any city, to the members of that city's police force and fire, sanitary, and water departments, if that city has a regularly organized police force and fire, sanitary, and water departments; to city marshals and their deputies; and to police officers of the county in which that city is located. Nothing in this Code section shall authorize any such company to grant individual members of such municipal and county forces and departments any transportation or other special privilege not participated in by all of the members thereof on like terms and under like conditions. All grants or concessions made pursuant to this Code section shall be made to the governing authority of such city, for and in behalf of the members of such municipal and county forces and departments and shall be formally accepted by such authority.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8 - RAILROAD COMPANIES (§§ 46-8-1 — 46-8-382) › Article 12 - STREET, SUBURBAN, AND INTERURBAN RAILROADS (§§ 46-8-330 — 46-8-348) › Section 46-8-341 - Lease and sale of roads, franchises, and property between street, suburban, and interurban railroad companies; property purchaser's liability for debts and claims against lessor or vendor

All street, suburban, and interurban railroad companies may lease or sell their roads, franchises, and other property to any other company created under the laws of this state for street, suburban, or interurban railroad purposes; and their franchises and property so sold shall remain liable, in the hands of the lessee or purchaser, for all debts or claims against the company making the conveyance. Nothing in this Code section shall be construed to authorize any such company to sell, lease, or otherwise dispose of any of its property or franchises so as to defeat or lessen competition or to encourage monopoly.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8 - RAILROAD COMPANIES (§§ 46-8-1 — 46-8-382) › Article 12 - STREET, SUBURBAN, AND INTERURBAN RAILROADS (§§ 46-8-330 — 46-8-348) › Section 46-8-343 - Utilization of trackless trolleys by street, suburban, or interurban railroad companies

Any company owning, leasing, or operating street railroads, suburban railroads, or interurban railroads in this state shall, by virtue of this Code section, and without any action on the part of the commission, have the right and privilege of substituting what are known as trackless trolleys on any part or line of its railroad system, provided that consent thereto is obtained from each municipality affected by any such proposed substitution, which consent on the part of any municipality shall not be construed to impair any valid existing contract or ordinance contract now in existence between any such municipality and any such company; provided, further, that nothing in this Code section shall be construed to impair any valid existing contract or ordinance contract now in existence between any such municipality and any such company; provided, further, that the commission shall not have the power or authority to increase or authorize the increase of, in regard to such substituted service, fares which have been fixed prior to March 30, 1937, by contract or ordinance contract on the line or lines on which such trackless trolleys may be so substituted, which fares shall in all respects appertain and apply to such substituted service when thus inaugurated.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8 - RAILROAD COMPANIES (§§ 46-8-1 — 46-8-382) › Article 12 - STREET, SUBURBAN, AND INTERURBAN RAILROADS (§§ 46-8-330 — 46-8-348) › Section 46-8-344 - Sale of street, suburban, or interurban railroad and bus transportation operations by companies engaged in operating electric generating plants, generally

Any electric street, suburban, or interurban railroad company which is incorporated under the laws of Georgia and which, in pursuance of the laws of this state, in addition to operating street, suburban, or interurban railroad and bus transportation facilities, is engaged in the operation of electric generating plants for the purpose of supplying motive power for the operation of its railroad and for the production, distribution, and sale of electricity for light, heat, and power purposes in the area served may sell and dispose of its railroad and bus transportation service and equipment, its railroad and bus franchises, and may continue its corporate existence and the operation of its electric power plants and facilities for the production, distribution, and sale of electricity for light, heat, and power purposes under the charter granted to it as a street, suburban, and interurban railroad corporation to the date of expiration of such charter, notwithstanding the sale or other disposition of its railroad and bus properties and franchises.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8 - RAILROAD COMPANIES (§§ 46-8-1 — 46-8-382) › Article 12 - STREET, SUBURBAN, AND INTERURBAN RAILROADS (§§ 46-8-330 — 46-8-348) › Section 46-8-345 - Consent by municipality to sale of street, suburban, or interurban railroad and bus properties and franchises; hearing for approval of sale; filing of board resolution, resolution of municipality, and order of approval

Any electric street, suburban, or interurban railroad corporation which desires to avail itself of the provisions of Code Section
46-8-344
shall, before consummating such sale or other disposition of its railroad and bus properties and franchises:
(1)
Secure the consent of the mayor and council or other governing body of the municipality served by such railroad and bus transportation facilities to the sale or other disposition of the railroad and bus properties and franchises, such consent to be evidenced by a certified copy of a resolution or an ordinance of such governing body;
(2)
Apply by petition to the commission on 15 days' notice for an adjudication, after a public hearing on the merits of the proposed sale, the solvency and eligibility under the laws of Georgia of the prospective purchaser and his ability and capacity to render adequate and satisfactory service, as to whether the proposed sale or other disposition is in the public interest. A certified copy of the order of the mayor and council or other governing body of the municipality, evidencing its consent to the sale or other disposition of the railroad and bus property, shall be attached to and made a part of such petition; and
(3)
After securing the order of approval of the commission of the sale or other disposition of such railroad and bus properties and franchises as being in the public interest, file with the Secretary of State, as an amendment to its charter, a certified copy of a resolution of the board of directors reciting that the company elects to sell its railroad and bus properties and franchises and to avail itself of the provisions of Code Section
46-8-344
. The company shall attach to the resolution a certified copy of the resolution or ordinance of the mayor and council or other governing body of the municipality evidencing its consent to such sale or other disposition of its railroad and bus properties and franchises. The company shall also attach to the resolution a certified copy of the commission's order of approval of the sale or other disposition of the railroad and bus property as being in the public interest.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8 - RAILROAD COMPANIES (§§ 46-8-1 — 46-8-382) › Article 12 - STREET, SUBURBAN, AND INTERURBAN RAILROADS (§§ 46-8-330 — 46-8-348) › Section 46-8-346 - Effect of sale on corporate existence, powers, and liabilities of company

Upon compliance with Code Sections
46-8-344
and
46-8-345
, the electric street, suburban, or interurban railroad company shall be authorized to sell or otherwise dispose of its railroad and bus properties and franchises and to continue its corporate existence and the operation of its electric plants and properties for the sale and distribution of electricity for light, heat, and power purposes under its current charter to the date of expiration thereof, with all of the rights, powers, and liabilities which it previously exercised, in such manner as if no sale of such railroad and bus properties and franchises had been made.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8 - RAILROAD COMPANIES (§§ 46-8-1 — 46-8-382) › Article 12 - STREET, SUBURBAN, AND INTERURBAN RAILROADS (§§ 46-8-330 — 46-8-348) › Section 46-8-347 - Adoption of chapter by railroad companies

Any railroad company desiring to adopt this chapter as a part of its charter may so signify by resolution of its board of directors filed with the Secretary of State. The certificate of the Secretary of State that such resolution has been filed with him shall be conclusive evidence of such filing and shall clothe the company with the powers specified in this article.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8 - RAILROAD COMPANIES (§§ 46-8-1 — 46-8-382) › Article 12 - STREET, SUBURBAN, AND INTERURBAN RAILROADS (§§ 46-8-330 — 46-8-348) › Section 46-8-348 - Jurisdiction of commission over interurban railroads; applicability of laws pertaining to other railroad companies; existing contracts between municipalities and railroad companies; fares established by contract prior to August 16, 1921

Nothing in this article shall be construed as depriving the commission of jurisdiction over interurban railroad companies or limiting its powers in any way, but all of the laws of this state which apply to railroads in general, and to street and suburban railroads in particular, shall, as far as applicable or appropriate, apply to interurban railroads, unless interurban railroads are expressly excluded from the provisions of such laws by the terms thereof. The benefits of this article shall extend to all companies incorporated in this state prior to August 19, 1916, with the power to build or operate electric street and suburban railroads and which, as of August 19, 1916, were operating street and suburban railroads partly in an incorporated city and extending through the country to another incorporated city, including those railroads which run between an incorporated city in Georgia and an incorporated city in an adjoining state. Nothing in this article shall be construed to impair any valid, subsisting contract existing as of August 16, 1921, between any municipality and any railroad company or any street or interurban railroad company. Nothing in this article shall operate to repeal any municipal ordinance existing as of August 16, 1921. The commission shall not have the power and authority under this article to increase fares on the lines of such companies which fares have been fixed by contract between such companies and any municipality prior to August 16, 1921.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8 - RAILROAD COMPANIES (§§ 46-8-1 — 46-8-382) › Article 14 - MISCELLANEOUS OFFENSES (§§ 46-8-380 — 46-8-382) › Section 46-8-380 - Intruding on railroad tracks

Any person intruding unlawfully upon the constructed track of a railroad company, contrary to the will of the company, shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8 - RAILROAD COMPANIES (§§ 46-8-1 — 46-8-382) › Article 14 - MISCELLANEOUS OFFENSES (§§ 46-8-380 — 46-8-382) › Section 46-8-381 - Hiding on train for purpose of stealing a ride

Any person who rides or attempts to ride on a railroad train of any character and conceals himself from the conductor or train authorities by hiding under the train, or on top of the train, or in box cars, on tenders, or elsewhere, for the purpose of avoiding the payment of fare or of stealing a ride thereon, shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8 - RAILROAD COMPANIES (§§ 46-8-1 — 46-8-382) › Article 14 - MISCELLANEOUS OFFENSES (§§ 46-8-380 — 46-8-382) › Section 46-8-382 - Neglect or refusal of officer, agent, or employee of railroad company to make and furnish report required by commission; obstructing commission

Every officer, agent, or employee of any railroad company who willfully neglects or refuses to make and furnish any report required by the commission, as necessary to the purposes of this title, or who willfully and unlawfully hinders, delays, or obstructs the commission in the discharge of the duties imposed upon it by this title, shall be subject to a penalty of not less than $100.00 nor more than $5,000.00 for each offense, to be recovered in an action in the name of the state.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8A - RAPID RAIL PASSENGER SERVICE (§§ 46-8A-1 — 46-8A-4) › Section 46-8A-1 - "Person" defined

As used in this chapter, the term "person" means any corporation, company, firm, association, or individual operating a public rapid rail passenger service line in this state, provided that said term shall not include any public corporation or governmental entity.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8A - RAPID RAIL PASSENGER SERVICE (§§ 46-8A-1 — 46-8A-4) › Section 46-8A-2 - Line or system permit required

Except as provided in Code Section
46-8A-4
, no person shall operate any rapid rail passenger service line or system or any extension thereof in this state without first obtaining a permit from the Public Service Commission. The commission shall grant a permit to any person who complies with the guidelines and standards established by the commission.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8A - RAPID RAIL PASSENGER SERVICE (§§ 46-8A-1 — 46-8A-4) › Section 46-8A-3 - Permit application process

The application for any permit provided for in Code Section
46-8A-2
shall be made under such rules and regulations as the commission may from time to time prescribe. Upon the receipt of any such application for such permit, the commission shall cause notice thereof to be given by mail or by personal service to the chief executive officer of the municipalities affected, if any, and shall publish such notice once a week for three consecutive weeks in a newspaper of general circulation in each county affected.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 8A - RAPID RAIL PASSENGER SERVICE (§§ 46-8A-1 — 46-8A-4) › Section 46-8A-4 - Permit for extension of line or system

This Code section shall not be construed to require any person to secure a permit for an extension of a rapid rail passenger service line or system into territory contiguous to that already served by that person and not receiving similar service from another person if no permit has been issued to or applied for by any other person.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 1 - GENERAL PROVISIONS (§§ 46-9-1 — 46-9-9) › Section 46-9-1 - Standard of care for carriers and common carriers; presumption of negligence by common carriers arising from loss of goods

Carriers as such are bound to exercise ordinary diligence. Common carriers as such are bound to use extraordinary diligence, and in cases of loss the presumption of law is against them, and no excuse avails them unless the loss was occasioned by the act of God or the public enemies of the state.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 1 - GENERAL PROVISIONS (§§ 46-9-1 — 46-9-9) › Section 46-9-2 - Power of common carrier to limit liability

A common carrier may not limit his legal liability by any notice given either by publication or by entry on receipts given or tickets sold, provided that a common carrier may limit his liability by means of an express contract; provided, however, that a motor common carrier of household goods and office furnishings may require a shipper to declare a lump sum value for the shipment prior to loading or accept the per pound released value as provided in the terms of the bill of lading contract for the purpose of limiting its liability.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 1 - GENERAL PROVISIONS (§§ 46-9-1 — 46-9-9) › Section 46-9-3 - Showings required by common carrier as prerequisite to use of exceptions under Code Sections 46-9-1 and 46-9-2

In order for a common carrier to avail himself of the act of God exception under Code Section
46-9-1
or the contractual exception under Code Section
46-9-2
, he must establish not only that the act of God or the contractually excepted fact ultimately occasioned the loss but that his own negligence did not contribute thereto.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 1 - GENERAL PROVISIONS (§§ 46-9-1 — 46-9-9) › Section 46-9-4 - Liability of common carrier corporation for acts committed outside of scope of charter

In all cases where persons are injured or property is damaged by any corporation engaged as a common carrier in the transportation of freight or passengers, or both, either by land or by water, such corporation shall be liable to pay damages to anyone whose person or property may be so injured or damaged, notwithstanding the fact that such corporation was acting outside of the scope of its charter at the time of the injury or damage, if such corporation would be liable for such damages if it had been acting within its chartered powers and authority.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 1 - GENERAL PROVISIONS (§§ 46-9-1 — 46-9-9) › Section 46-9-5 - Limitation of actions by common carriers for recovery of charges

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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 1 - GENERAL PROVISIONS (§§ 46-9-1 — 46-9-9) › Section 46-9-6 - [Repealed] Limitation of actions against carriers for recovery of overcharges; requirements regarding rates, charges, and claims for loss or damage

Repealed by 2012 Ga. Laws 632,§ II-17, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 1 - GENERAL PROVISIONS (§§ 46-9-1 — 46-9-9) › Section 46-9-7 - Time of accrual of actions under Code Section 46-9-5

For the purposes of Code Section
46-9-5
, the cause of action in respect of a shipment of property shall be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not thereafter.
Amended by 2017 Ga. Laws 275,§ 46, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 1 - GENERAL PROVISIONS (§§ 46-9-1 — 46-9-9) › Section 46-9-8 - Requiring specific bonding company as surety

(a)
No common carrier authorized to do business in this state, when requiring of any employee that he give bond or undertaking of any nature whatsoever, shall require as surety thereon any specific or certain bonding company, provided that nothing in this Code section shall be construed to prevent any common carrier from specifying the form or wording of such bond.
(b)
Any person who violates this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 1 - GENERAL PROVISIONS (§§ 46-9-1 — 46-9-9) › Section 46-9-9 - Right of employee or surety to cancel bond; notice of cancellation

(a)
Any employee who gives any bond or undertaking pursuant to Code Section
46-9-8
shall, upon the breach of any of the conditions thereof by the other party thereto, have the power to cancel the same by giving the surety thereon and the common carrier for whose benefit the same has been given at least ten days' notice in writing, setting out in full the reasons for canceling same. Any such notice to a company, corporation, or association may be served by leaving the same with any person on whom service of legal process upon such company, corporation, or association may be had.
(b)
Any surety on any such bond or undertaking shall, upon the breach of any of the conditions thereof by the employee for whom the bond or undertaking was made, have power to cancel the same by giving such employee at least ten days' notice in writing, setting out in full the reasons for canceling same, the notice to be signed by an agent or manager of such surety, provided that nothing in this Code section shall affect any right of action accruing to any person upon the breach of the contract.
(c)
Any person who violates this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 2 - ESTABLISHMENT AND REVISION OF RATES FOR RAILROAD TRANSPORTATION (§§ 46-9-20 — 46-9-26) › Section 46-9-20 - Schedules of transportation rates for passengers and freight by railroad companies as evidence of just and reasonable nature of rates; commission to change and revise schedules periodically

Any schedule of rates and charges established by the commission for the transportation of passengers and freight shall, in actions brought against any railroad company involving the rates charged by the company for the transportation of any passengers or freight, or cars, including actions involving unjust discrimination in relation to such rates, be deemed and taken in all courts as sufficient evidence that the rates therein fixed are just and reasonable rates or charges for the transportation of passengers and freight and cars upon the railroads. The commission shall, from time to time, and as often as the circumstances may require, change and revise such schedules.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 2 - ESTABLISHMENT AND REVISION OF RATES FOR RAILROAD TRANSPORTATION (§§ 46-9-20 — 46-9-26) › Section 46-9-21 - Giving notice of new and revised rate schedules; giving proof of authenticity of schedules

(a)
When any schedule has been made or revised as provided in Code Section
46-9-20
, it shall be the duty of the commission to give notice of such new schedule or of any amendment or revision, by means of circulars, tariff publications, its annual reports, or in such other manner and form as it deems advisable or necessary. After such notice is given, it shall be the duty of all railroad companies affected by the new schedule to post at all of their respective stations, in a conspicuous place, a copy of the schedule for the information of the public, provided that the schedules thus prepared shall not be taken as evidence as provided in Code Section
46-9-20
until schedules have been prepared and published as provided in this Code section.
(b)
All such schedules purporting to have been printed and published by the commission as provided in this Code section shall be received and held in all such actions as prima facie the schedules of the commission, without any further proof other than the production of the schedules desired to be used as evidence, together with a certificate of the commission that the same are true copies of the schedules prepared by it for the railroad company therein named and that the same have been duly published as required by law.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 2 - ESTABLISHMENT AND REVISION OF RATES FOR RAILROAD TRANSPORTATION (§§ 46-9-20 — 46-9-26) › Section 46-9-22 - Investigation by commission of through rates

It shall be the duty of the commission to investigate thoroughly all through freight rates from points outside of Georgia to points within Georgia and from points within Georgia to points outside of Georgia.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 2 - ESTABLISHMENT AND REVISION OF RATES FOR RAILROAD TRANSPORTATION (§§ 46-9-20 — 46-9-26) › Section 46-9-23 - Report by commission of excessive, unreasonable, or discriminatory through rates to proper state railroad officials

Whenever the commission finds that a through rate, whether charged for transportation into or out of Georgia, is in its opinion excessive, unreasonable, or discriminatory, it shall bring this fact to the attention of the officers of the railroad company and urge upon them the propriety of changing such rate.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 2 - ESTABLISHMENT AND REVISION OF RATES FOR RAILROAD TRANSPORTATION (§§ 46-9-20 — 46-9-26) › Section 46-9-24 - Report by commission of excessive, unreasonable, or discriminatory through rates to Interstate Commerce Commission

Whenever rates are not changed according to the suggestion of the commission pursuant to Code Section
46-9-23
, it shall be the duty of the commission to present the facts, whenever it can legally be done, to the Interstate Commerce Commission and to appeal to it for relief.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 2 - ESTABLISHMENT AND REVISION OF RATES FOR RAILROAD TRANSPORTATION (§§ 46-9-20 — 46-9-26) › Section 46-9-25 - Representation of commission by Attorney General

In all work devolving upon the commission pursuant to Code Sections
46-9-22
through
46-9-24
, the commission shall receive, upon application, the services of the Attorney General of this state; and he shall also represent the commission, whenever called upon to do so, before the Interstate Commerce Commission.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 2 - ESTABLISHMENT AND REVISION OF RATES FOR RAILROAD TRANSPORTATION (§§ 46-9-20 — 46-9-26) › Section 46-9-26 - Commission to prescribe schedule of maximum rates and charges for freight storage by railroad companies

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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-40 - Duty of common carriers to receive goods

A person holding himself out to the public as a common carrier is bound to receive all goods offered to him that he is able and accustomed to carry, upon compliance with such reasonable regulations as he may adopt for his own safety and the benefit of the public.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-41 - Duty of common carriers to transport and deliver goods safely and without unreasonable delay

A common carrier shall have the duty of transporting and delivering goods safely and without unreasonable delay.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-42 - Effect of strike by carrier's employees on carrier's duty to transport goods

A carrier who receives freight for shipment is bound to forward the freight within a reasonable time, even though his employees strike or otherwise refuse to work, provided that if the strike is accompanied with violence and intimidation so as to render it unsafe to forward the freight, the carrier shall be relieved as to liability for delay in delivering the freight, if the violence and armed resistance are of such character as could not be overcome by the carrier or controlled by the civil authorities when called upon by him.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-43 - Measure of damages for delay in delivery of goods by carrier

If a carrier fails to deliver goods within a reasonable time, the measure of damages is the difference between the market value at the time and place they should have been delivered and the market value at the time of actual delivery.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-44 - Estoppel of carrier to dispute title to goods delivered to him for shipment

A carrier may not dispute the title of the person delivering goods to him by setting up adverse title in himself or a title in third persons which is not being enforced against him.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-45 - Commencement and termination of carrier's responsibility for goods

The responsibility of a carrier shall commence with the delivery of the goods to him or to his agent or at the place where the carrier is accustomed or agrees to receive them. The carrier's responsibility shall cease with the delivery of the goods at destination according to the direction of the person sending the goods or according to the custom of the trade.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-46 - Effect of delivery to consignee at intermediate point

A common carrier may recover pro rata for the actual distance transported when the consignee voluntarily receives the goods at an intermediate point.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-47 - Fraud on carrier as to nature and value of goods

A carrier may require the nature and value of the goods delivered to him to be made known, and any fraudulent acts, sayings, or concealment by his customers will release him from liability.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-48 - Adjustment and payment by common carriers of claims for loss of property or overcharge for freight; effect of failure by common carrier to adjust and pay claim

Every claim for loss of or damage to property, or for overcharge for freight, for which any common carrier of household goods may be liable shall be adjusted and paid by such common carrier within 90 days after such claim, duly verified by the claimant or his or her agent, has been filed with the agent of the initial carrier or with the agent of the carrier upon whose line the loss, damage, or overcharge actually occurred. If such claim is not adjusted and paid within the time prescribed in this Code section, the carrier shall be liable for interest thereon at the legal rate from the date of the filing of the claim until the payment thereof, and shall also be liable for a civil penalty of $50.00 for every such failure to adjust and pay said claim, to be recovered by the party damaged, provided that unless such claimant in such action recovers the full amount claimed, no penalty shall be recovered, but the recovery shall be limited to the actual loss or damage or overcharge, with interest thereon from the date of filing said claim.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-49 - Duty of railroad or transportation company to furnish facilities for weighing freight; measure of damages for overcharges caused by overweights or false billing

(a)
Every railroad or transportation company in this state shall furnish suitable and adequate facilities for correctly weighing all freight offered for shipment in carload lots in this state at points where the volume of business offered is sufficient to warrant the expense.
(b)
If any officer, agent, or employee of a railroad or transportation company, or person acting for or employed by such railroad or transportation company, shall, by reason of overweights or false billing, cause such railroad or transportation company to charge for any shipment more than the actual weight of such shipment, the said railroad or transportation company shall be liable to the owner of such shipment for damages in an amount equal to twice the charges on the excess weight so charged.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-50 - Weighing of railroad cars by certified public weighers; manner of weighing cars

(a)
Whenever any railroad company in this state weighs any cars loaded with freight to be shipped and charged for by the carload, such weighing shall be done by a certified public weigher, as provided for the weighing of cotton, rice, and other produce.
(b)
When such cars are weighed singly, they shall be uncoupled at both ends and weighed one at a time, provided that when any railroad company transports timber, lumber, or other like articles of freight which, because of their length, overlap from one car to another, such company may cause a maximum of three such cars so loaded to be weighed together, after uncoupling them at both ends from other cars. In all such instances, the aggregate weight of the freight upon such cars shall be averaged so that each of the cars shall be charged with an equal amount of the total weight, and the shipper shall be made to pay freight as if each of the cars so weighed together did actually contain an equal portion of the whole load, provided that in such cases the shipper shall not pay less than the amount of freight due on full carloads.
(c)
Any railroad company failing, refusing, or neglecting to comply with this Code section shall be held liable in an action for damages, to be brought in the county where such weighing is done, at the instance of any person aggrieved. A sum of not less than $100.00 nor more than $200.00 shall be recoverable for each offense.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-51 - Written application for railroad cars as prerequisite for consignors' and shippers' taking advantage of penalties or forfeitures for failure of company to supply cars

Whenever a shipper or consignor requires a railroad company to furnish a car to be used in carload shipments, in order for the consignor or shipper to avail himself of the forfeitures or penalties prescribed by the rules and regulations of the commission, it must first appear that the consignor or shipper made written application to the railroad company for the car, provided that the commission shall, by reasonable rules and regulations, establish the time within which the car shall be furnished after being applied for and shall establish the penalty per day per car to be paid by the railroad company in the event the car is not furnished as ordered; provided, further, that in order for any shipper or consignor to avail himself of the penalties provided by the rules and regulations of the commission, such shipper or consignor shall likewise be subject, under proper rules to be fixed by the commission, to the orders, rules, and regulations of the commission.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-52 - Unjust discrimination in freight-transportation rates by common carriers generally

(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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-53 - Discrimination by railroad companies in applying freight-storage charges

In applying freight-storage charges fixed by the commission, no railroad company shall discriminate between persons, either directly or indirectly, by means of rebate or any other device.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-54 - Making and retaining freight-storage charges in accordance with rates fixed by commission

No railroad company shall make or retain, either directly or indirectly, any charge for storage of freight greater than that fixed by the commission for each particular storage.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 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
.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-56 - False billing, false weighing, or false report of weight by common carriers

Any common carrier of freight within the limits of this state or, if such common carrier is a corporation, any officer, agent, or employee thereof, who, by means of false billing, false classification, false weighing, false report of weight, or by any other device or means, knowingly and willfully assists or permits any person to obtain transportation for property from and to points within the limits of this state at less than the regular rates then established and in force on the line of transportation of such common carrier shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 1 - DUTIES AND LIABILITIES OF CARRIERS GENERALLY (§§ 46-9-40 — 46-9-57) › Section 46-9-57 - False billing or false weighing by a person who delivers property for transportation to a common carrier or for whom, as consignor or consignee, such carrier transports property

Any person, including any officer or agent of any corporation, who delivers property to any common carrier of freights within this state for transportation within this state to any common carrier of freights within this state, or for whom, as consignor or consignee, any such carrier transports property, and who knowingly and willfully, by false billing, false classification, false weighing, false representation of the contents of the package, false report of weight, or by any other device or means, whether with or without the consent or connivance of the carrier or its agent, obtains transportation for such property at less than the regular rates then established and in force on the line of transportation shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 9 - TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY (§§ 46-9-1 — 46-9-332) › Article 3 - TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK (§§ 46-9-40 — 46-9-112) › Part 3 - FURNISHING OF REFRIGERATOR CARS BY RAILROAD COMPANIES (§§ 46-9-90 — 46-9-92) › Section 46-9-90 - Duty of railroad companies to furnish refrigerator cars; filing of application for cars by shipper

It shall be the duty of the railroad companies of this state to furnish any grower of peaches, apples, cantaloupes, watermelons, or other perishable products with suitable icing and refrigerator cars or other suitable cars for the transportation of such products, whenever application is made therefor in writing by the shipper 24 hours in advance of the time such cars are wanted for loading. Such application shall be filed with the nearest agent of the railroad company to the point from which shipment is to be made and shall state the time and place from which shipment is desired.