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.
(Ga. L. 1890-91, p. 149, § 4; Civil Code 1895, § 2209; Civil Code 1910, § 2652; Code 1933, § 93-405.)
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 Georgia Pub. Serv. Comm'n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949).
RESEARCH REFERENCES
Am. Jur. 2d.
- 13 Am. Jur. 2d, Carriers, § 185 et seq.
C.J.S.- 13 C.J.S., Carriers, §§ 232, 233, 281, 354, 372.