If any railroad company organized or doing business under the laws of this state makes any unjust discrimination in its rates or charges of toll or any compensation for the transportation of passengers or freight of any description, or for the use and transportation of any railroad car upon its road or upon any of the branches thereof, or upon any railroad connected therewith which it has the right, license, or permission to operate, control, or use within this state, that corporation shall be deemed guilty of having violated the provisions of this title, 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, § 4; Code 1882, § 719d; Civil Code 1895, § 2188; Civil Code 1910, § 2629; Code 1933, § 93-407.)
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
Intrastate rates.
- Under former Civil Code 1910, §§ 2629 and 2630 (see O.C.G.A. §§ 46-8-20 and46-9-251), prohibiting unjust discrimination in rates, the Railroad Commission (now Public Service Commission) cannot order an intrastate rate which would discriminate against other intrastate rates, and the fact that the rate ordered was originally established by the railroad to promote a new industry and subsequently withdrawn did not affect the rule. Atlantic Coast Line R.R. v. Trammell, 287 F. 741 (N.D. Ga. 1923).
The rates of freight fixed by the commission must be observed; and if a lower rate of freight than that allowed by the Railroad Commission (now Public Service Commission) is collected, an action to recover the remainder of the true amount is maintainable, even though the consignee accepted the freight and paid the smaller amount in good faith, and although in the consignee's dealings with the consignee's customers the consignee has conducted the consignee's business upon the basis of the rate of freight collected. Georgia R.R. v. Creety, 5 Ga. App. 424, 63 S.E. 528 (1909); Central of Ga. Ry. v. Willingham, 8 Ga. App. 817, 70 S.E. 199 (1911).
Passenger fares.
- Under former Civil Code 1895, § 2188 (see O.C.G.A. § 46-9-251) a railroad company cannot lawfully demand of one passenger more fare for that passenger's transportation from one station to another upon its line than it is in the habit, under like conditions and circumstances, of charging others for the same service. Phillips v. Southern Ry., 114 Ga. 284, 40 S.E. 268 (1901).
Although a railroad company has a right to adopt and enforce a rule requiring passengers getting on its trains without tickets to pay more fare than it charges persons who purchase tickets, yet it cannot exact such higher rate from a passenger who has no ticket, unless it has afforded the passenger a reasonable opportunity to purchase one before entering the cars. Phillips v. Southern Ry., 114 Ga. 284, 40 S.E. 268 (1901).
Carrying goods back for repair.
- Former Civil Code 1910, § 2629 (see O.C.G.A. § 46-9-251) was not contravened by a contract of a carrier with a consignee of damaged goods to carry them back for repair. Sipple v. Seaboard Air Line Ry., 154 Ga. 376, 114 S.E. 435 (1922).
Privileges of baggage transfer company.
- A railway company does not violate any public duty or deprive any citizen of any lawful right by granting to a single corporation or individual the exclusive right of entering its trains to solicit the transportation of passengers and baggage, or by renting to such corporation or individual a portion of its baggage room and conceding to it or the individual the privileges necessarily incident to the occupancy and use thereof, provided that so doing does not interfere with the exercise by any other person of any right which the individual may lawfully demand of the company as a common carrier. Kates v. Atlanta Baggage & Cab Co., 107 Ga. 636, 34 S.E. 372, 46 L.R.A. 431 (1899).
Cited in Wimberly v. Georgia S. & F. Ry., 5 Ga. App. 263, 63 S.E. 29 (1908); 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); Sipple v. Seaboard Air Line Ry., 154 Ga. 376, 114 S.E. 435 (1922).
RESEARCH REFERENCES
Am. Jur. 2d.
- 13 Am. Jur. 2d, Carriers, § 245. 64 Am. Jur. 2d, Public Utilities, § 77.
C.J.S.- 13 C.J.S., Carriers, §§ 195, 354, 370.