Unjust Discrimination in Freight-Transportation Rates by Common Carriers Generally

  1. Law
  2. Georgia Code
  3. Public Utilities and Public Transportation
  4. Transportation of Freight and Passengers Generally
  5. Transportation and Storage of Freight and Livestock
  6. Duties and Liabilities of Carriers Generally
  7. Unjust Discrimination in Freight-Transportation Rates by Common Carriers Generally

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  1. 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.
  2. 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.

(Ga. L. 1889, p. 134, § 3; Civil Code 1895, § 2307; Penal Code 1895, § 684; Civil Code 1910, § 2761; Penal Code 1910, § 733; Code 1933, §§ 18-318, 18-9914.)

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.

Compelling of witnesses to testify before commission as to discrimination in rates and charges by common carriers, § 46-2-55.

Prohibition against discrimination by railroad companies in freight-transportation rates or tariffs charged to connecting lines or routes, § 46-9-213.

Overcharging by officers, agents, etc., of common carriers for transporting freight or passengers, § 46-9-252.

JUDICIAL DECISIONS

Cited in Kates v. Atlanta Baggage & Cab Co., 107 Ga. 636, 34 S.E. 372 (1899).

RESEARCH REFERENCES

Am. Jur. 2d.

- 13 Am. Jur. 2d, Carriers, § 279.

C.J.S.

- 13 C.J.S., Carriers, §§ 142, 195, 232, 233, 281, 336, 355, 368, 369, 370, 372.

ALR.

- Discrimination by carrier between shippers as to use of right of way or wharf, 44 A.L.R. 1526.

Carrier's right or liability in respect of excess of lawful charge over charge understated where discrimination is forbidden, 83 A.L.R. 245.

Right to maintain action against carrier on ground that rates which were filed and published by carrier pursuant to law were excessive, 97 A.L.R. 406.

Liability of carrier to punitive damages with respect to subject of interstate shipment, 107 A.L.R. 1446.

Waiver of rights by carrier under interstate shipments as constituting unlawful discrimination among shippers, 135 A.L.R. 611.

Carrier's understatement of charges where discrimination is forbidden, 88 A.L.R.2d 1375.


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