Section 46-9-4. Liability of common carrier corporation for acts committed outside of scope of charter

   In all cases where persons are injured or property is damaged by any corporation engaged as a common carrier in the transportation of freight or passengers, or both, either by land or by water, such corporation shall be liable to pay damages to anyone whose person or property may be so injured or damaged, notwithstanding the fact that such corporation was acting outside of the scope of its charter at the time of the injury or damage, if such corporation would be liable for such damages if it had been acting within its chartered powers and authority.

Ga. L. 1884-85, p. 136, § 1; Civil Code 1895, § 2277; Civil Code 1910, § 2728; Code 1933, § 18-105.