Lang v

Standard Tel. Co., 243 Ga. App. 301, 533 S.E.2d 162 (2000). ‘‘Law of the state’’ is to be construed as referring to statute law. Southern Bell Tel. & Tel. Co. v. Beach, 8 Ga. App. 720, 70 S.E. 137 (1911). ‘‘Order of the commission’’ construed. — Expression ‘‘order of the commission,’’ refers to special orders of the commission, and not to its general rules. Southern Bell Tel. & Tel. Co. v. Beach, 8 Ga. App. 720, 70 S.E. 137 (1911). No right of action for difference in rates. — Former Code 1933, § 93-415 (see O.C.G.A § 46-2-90) only gave a right of action for loss, damage or injury; there was no statute giving a right of action for difference in rates. Columbia Baking Co. v. AtPage: 104 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:52:19 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN PUBLIC UTILITIES, ETC. lanta Gas Light Co., 78 Ga. App. 241, 50 S.E.2d 382 (1948). Liability relating to ‘‘order of the commission.’’ — Only liability relating to ‘‘order of the commission’’ is for omission to perform such order or mere nonfeasance and does not include liability for the positive acts of charging and collecting freight in excess of the rates and tariffs fixed by the commission. Atlantic Log & Export Co. v. Central of Ga. Ry., 171 Ga. 175, 155 S.E. 525 (1930). No liability for rate difference where provided for in approved contract. — A gas company under the jurisdiction of the Public Service Commission is not liable to an industrial consumer for the difference between the rates charged to it and those charged to other industrial users of gas when the latter rates are provided for in contracts filed with the commission which it permits to go into effect. Columbia Baking Co. v. Atlanta Gas Light Co., 78 Ga. App. 241, 50 S.E.2d 382 (1948). Action by shipper against railroad for overcharges held not authorized. — Former Civil Code 1910, § 2666 (see O.C.G.A § 46-2-90) did not confer right on shipper to bring action against railroad company for 46-2-91 recovery of freight overcharges paid on intrastate shipments in excess of the rates and tariff fixed by the Public Service Commission. Atlantic Log & Export Co. v. Central of Ga. Ry., 171 Ga. 175, 155 S.E. 525 (1930). Liability for failure to restore electric power. — City was liable for the actual damages caused by its violations of federal law in refusing immediately to restore electric power upon receiving notice of debtor’s bankruptcy petition. Tarrant v. City of Douglas, 190 Bankr. 704 (Bankr. S.D. Ga. 1995). When attorneys’ fees may not be awarded. — Former Civil Code 1910, § 2666 (see O.C.G.A § 46-2-90) did not authorize the recovery of attorneys’ fees (in cases where they were not otherwise recoverable under the general law) where the thing done or omitted had not been forbidden by some statutory enactment in this state or by some order of the commission. Southern Bell Tel. & Tel. Co. v. Beach, 8 Ga. App. 720, 70 S.E. 137 (1911). Cited in Savannah Elec. Co. v. Lowe, 27 Ga. App. 350, 108 S.E. 313 (1921); Harrison v. Harrison, 208 Ga. 70, 65 S.E.2d 173 (1951).