2022 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 1 - General Provisions
§ 46-1-2. Measure of Damages for Wrongs and Injuries by Railroad Companies Generally; Venue for Actions Against Railroad Companies and Electric Companies Generally

1. 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.
2. 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 subsection must be brought within 12 months after the commission of the alleged wrong or injury.
3. Any railroad, electric company, or gas company shall be sued by anyone whose person or property has been injured by such railroad, electric company, or gas 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 causes of 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, electric company, or gas 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.
4. Whenever any:
   1. 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;
   2. 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; or
   3. Gas company incorporated under the laws of this state acquires by purchase, lease, or otherwise the ownership or control of the natural gas pipeline or distribution system of a competing gas 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, electric company, or gas 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 any county in which may be located the generating plant of such electric company or in any county through which may run the natural gas pipeline or distribution system so unlawfully acquired.

5. 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.
6. The venue provisions of this Code section shall apply to the following electric companies:
   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.
7. The venue provisions of this Code section shall apply to the following gas companies:
   1. A gas company owning a natural gas pipeline or distribution system 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; and
   2. A gas company owning a natural gas pipeline or distribution system located in, or extending through, more than one county.

History. Ga. L. 1855-56, p. 154, §§ 1, 2; Ga. L. 1859, p. 48, § 1; Code 1863, § 3317; Code 1868, § 3329; Ga. L. 1869, p. 14, § 1; Code 1873, § 3406; Ga. L. 1878-79, p. 125, § 10; Code 1882, §§ 719, 3406; Ga. L. 1892, p. 59, § 1; Civil Code 1895, §§ 2197, 2334; Ga. L. 1898, p. 50, § 1; Civil Code 1910, §§ 2640, 2798; Ga. L. 1912, p. 66, §§ 1-4; Code 1933, §§ 93-413, 94-1101; Ga. L. 1983, p. 3, § 62; Ga. L. 1984, p. 22, § 46; Ga. L. 1985, p. 149, § 46; Ga. L. 1986, p. 37, § 1; Ga. L. 1992, p. 6, § 46; Ga. L. 2004, p. 631, § 46; Ga. L. 2013, p. 551, § 1/HB 194.

The 2004 amendment, effective May 13, 2004, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (d).

The 2013 amendment, effective May 6, 2013, substituted “subsection” for “title” in the last sentence of subsection (b); in subsection (c), in the first sentence, substituted “railroad, electric company, or gas company” for “railroad or electric company”, inserted “, or gas company,” and inserted “causes of”, and, in the second sentence, substituted “railroad, electric company, or gas company ” for “railroad or electric company” ; substituted the present provisions of subsection (d) for the former provisions, which read: “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.”; substituted the present provisions of the introductory paragraph of subsection (f) for the former provisions, which read: “The following electric companies shall be embraced within the provisions of this Code section:”; and added subsection (g). See Editor’s notes for applicability.

Cross references.

Time limitation on actions against railroads for injury to or death of employee, § 34-7-46 .

Venue for actions against lessees or possessors of railroads, § 46-8-310 .

Venue for actions against receivers, trustees, etc., of railroad companies, § 46-8-314 .

Editor’s notes.

Ga. L. 2013, p. 551, § 2/HB 194, not codified by the General Assembly, provides that: “This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to causes of actions arising on or after such effective date.” The Governor approved this Act on May 6, 2013.

Law reviews.

For article discussing aspects of third party practice (impleader) under the Georgia Civil Practice Act (Ch. 11, T. 9), see 4 Ga. St. B. J. 355 (1968).

For article, “Statutes of Limitation: Counterproductive Complexities,” see 37 Mercer L. Rev. 1 (1985).

For annual survey trial practice and procedure, see 38 Mercer L. Rev. 383 (1986).

For annual survey of recent developments, see 38 Mercer L. Rev. 473 (1986).

For annual survey on trial practice and procedure, see 43 Mercer L. Rev. 441 (1991).

For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972).