---
title: O.C.G.A. § 46-9-55. Remedy for persons charged excessive freight-storage rates or subjected to discrimination in application of freight-storage rates.
collection: code
id: 46-9-55
cite_as: O.C.G.A. § 46-9-55 (2025)
canonical_url: https://georgiacommons.org/code/46-9-55
md_url: https://georgiacommons.org/code/46-9-55.md
text_url: https://georgiacommons.org/code/46-9-55/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t46-(v34)-2025-pdf.pdf?sfvrsn=48adb3c4_0#page=830
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/46-9.md
previous: https://georgiacommons.org/code/46-9-54.md
next: https://georgiacommons.org/code/46-9-56.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: PUBLIC UTILITIES AND PUBLIC TRANSPORTATION / TRANSPORTATION OF FREIGHT AND PASSENGERS GENERALLY / TRANSPORTATION AND STORAGE OF FREIGHT AND LIVESTOCK / DUTIES AND LIABILITIES OF CARRIERS GENERALLY
---

# O.C.G.A. § 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.

## History

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.