If any railroad company organized or doing business under the laws of this state charges, collects, demands, or receives more than a fair and reasonable rate of toll or compensation for the transportation of passengers or freight of any description, or for the use and transportation of any railroad car upon its track or any of the branches thereof, or upon any railroad within this state which it has the right, license, or permission to use, operate, or control, that company shall be deemed guilty of extortion, and, upon conviction thereof, shall be subject to the liabilities and penalties provided in Code Sections 46-2-90, 46-2-92, and 46-2-93.
(Ga. L. 1878-79, p. 125, § 3; Code 1882, § 719c; Civil Code 1895, § 2187; Civil Code 1910, § 2628; Code 1933, § 93-406; Ga. L. 1982, p. 3, § 46.)
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 Sorrell & Nall v. Central R.R., 75 Ga. 509 (1885); Southern Bell Tel. & Tel. Co. v. Beach, 8 Ga. App. 720, 70 S.E. 137 (1911); Central of Ga. Ry. v. Milledgeville Ry., 138 Ga. 434, 75 S.E. 614 (1912).
RESEARCH REFERENCES
Am. Jur. 2d.
- 13 Am. Jur. 2d, Carriers, §§ 185, 186.
C.J.S.- 13 C.J.S., Carriers, § 489.
ALR.
- Special services or facilities afforded by shipper as a factor in carrier's rates, 25 A.L.R. 191.