State ex rel. Railroad Commissioners v. Atlantic Coast Line Railroad
Supreme Court of Florida
This case was decided by Division A. This is a case of original jurisdiction. Statement. A motion 'to quash the alternative writ herein having been overruled, State ex rel. v. Atlantic Coast Line Ry.
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This case was decided by Division A. This is a case of original jurisdiction. Statement. A motion 'to quash the alternative writ herein having been overruled, State ex rel. v. Atlantic Coast Line Ry. Co., 60 Fla. 465, 54 South Rep. 394, the respondent filed the following return: “Now comes the Atlantic Coast Line Railroad Company, respondent in the above entitled cause, and answering the alternative writ of mandamus, for answer says: 1. Respondent admits that it is in possession and con-. trol of the lines of railroad mentioned in the first paragraph of the said alternative writ, and that it…
1Opinion of the CourtWhitfield, C. J.
(after stating the facts).- — The fourth paragraph of the return is an express admission of the allegation of the alternative writ that the respondent has discontinued some of its regular trains carrying passengers and running wholly within this State, without previously making application to the Railroad Commissioners for their consent thereto. Subsequent averments of this paragraph of the return that the Commissioners had consented to and acquiesced in the withdrawal of such trains, thus conclusively demonstrating that in the exercise by the respondent of its initial discretion no abuse was…
2Cases cited2 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Southern Railway Co. v. Atlanta Sand & Supply Co.Supreme Court of Georgia · 1910
3Cited by10 opinions
- Fogarty Bros. Transfer, Inc. v. BoydSupreme Court of Florida · 1959
- Ortega Co. v. TriaySupreme Court of the United States · 1922
- Lamb v. HarrisSupreme Court of Florida · 1926
- Railroad Commission v. Louisville & Nashville RailroadSupreme Court of Georgia · 1913
- State Ex Rel. R. R. Comm'rs v. S. A. L. Ry. Co.Supreme Court of Florida · 1925
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