Legal Opinion

Wight v. Pelham & Havana Railroad

Court of Appeals of Georgia

Decided May 30, 1916No. 7044PublishedCited by 2 opinions

Action for damages; from city court of Cairo — Judge Willie. October 14, 1915.

1Opinion of the CourtBbotles, J.

Shippers and common carriers can not by contract between themselves fix the rates to be charged on shipments of freight. The power and authority of regulating freight tariffs is, .by the constitution of this State, conferred upon the General Assembly, and by it vested in the railroad commission (Civil Code, § 6463), which has 'exclusive power to make rates and to determine what are just and reasonable rates (Civil Code, §§ 2630, 2631, 2632, 2668) ; and discrimination in freight rates in favor of any one is made a misdemeanor. Penal Code, §§ 527, 730, 731, 733.

(а) In the first fifteen…

2Cases cited4 opinions

  1. Union Dry Goods Co. v. Georgia Public Service Corp.Supreme Court of Georgia · 1914
  2. Wolff v. Southern Railway Co.Supreme Court of Georgia · 1908
  3. City of Dawson v. Dawson Telephone Co.Supreme Court of Georgia · 1911
  4. Central of Georgia Railway Co. v. WillinghamCourt of Appeals of Georgia · 1911

3Cited by2 opinions

  1. Central of Georgia Railway Co. v. BrittCourt of Appeals of Georgia · 1917
  2. Seaboard Air-Line Railway Co. v. Lumberman's Co.Supreme Court of Georgia · 1929

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