Title 46, Chapter 1, Section 2
( 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. |