46-1-2
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46-1-2.
(a)
As used in this Code section, the term 'electric company' means all corporations
engaged in the business of either generating or transmitting electricity for
light, heat, power, or other commercial purposes.
(b)
If any railroad company doing business in this state shall, in violation of any
rule or regulation of the Public Service Commission, inflict any wrong or injury
on any person, such person shall have a right of action and recovery for such
wrong or injury in the county where the wrong or injury occurred and the damages
which may be recovered in such actions shall be the same as in actions between
individuals, provided that, in cases of willful violation of law, such railroad
companies shall be liable for exemplary damages. All such actions under this
title must be brought within 12 months after the commission of the alleged wrong
or injury.
(c)
Any railroad or electric company shall be sued by anyone whose person or
property has been injured by such railroad or electric company, or by its
officers, agents, or employees, for the purpose of recovering damages for such
injuries, in the county in which the cause of action originated; and actions on
all contracts shall be brought in the county in which the contract in question
is made or is to be performed. If the cause of action arises in a county where
the railroad or electric company liable to suit has no agent, service may be
perfected by the issuance of a second original, to be served upon the company in
the county of its principal office and place of business, if in this state, and
if not, on any agent of such company. In the alternative, if the company has no
agent in the county where the cause of action arises, an action may be brought
in the county of the residence of such company.
(d)
Whenever any railroad or electric company incorporated under the laws of this
state acquires by purchase, lease, or otherwise the ownership or control of the
line of railroad of a competing railroad company in this state, in violation of
Article III, Section VI, Paragraph V(c) of the Constitution of the State of
Georgia, or whenever any railroad or electric company incorporated under the
laws of this state acquires by purchase, lease, or otherwise the ownership or
control of the generating plant or transmission line of a competing electric
company in this state, in violation of Article III, Section VI, Paragraph V(c)
of the Constitution of the State of Georgia, the venue of an action brought
against the railroad or electric company for the purpose of setting aside and
having annulled such unlawful act of acquisition shall be in any county through
which may run the line of railroad or in any county through which may run the
transmission line of such electric company or in which may be located the
generating plant of such electric company so unlawfully acquired.
(e)
In any cause of action described in this Code section, any judgment rendered in
any county other than one designated in this Code section shall be void.
(f)
The following electric companies shall be embraced within the provisions of this
Code section:
(1)
An electric company owning a generating plant in one county and having its situs
or principal office either in some other county of this state or beyond the
limits of this state;
(2)
An electric company operating a generating plant, whether under lease or
otherwise, in one county and having its situs or principal office either in some
other county of this state or beyond the limits of this state;
(3)
An electric company owning a transmission line located in one county and having
its situs or principal office in some other county of this state or beyond the
limits of this state;
(4)
An electric company operating, whether under lease or otherwise, a transmission
line located in one county and having its situs or principal office in some
other county of this state or beyond the limits of this state;
(5)
An electric company owning a transmission line located in, or extending through,
more than one county; and
(6)
An electric company operating, whether under lease or otherwise, a transmission
line located in or extending through more than one county.