Alabama Great Southern R. v. Alabama Public Service Commission
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Walter B. Jones,' Judge. Bill by tbe Alabama Great Southern Railroad Company against the Alabama Public Service Commission and the members thereof. Prom a decree denying relief, complainant appeals.
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Appeal from Circuit Court, Montgomery County; Walter B. Jones,' Judge. Bill by tbe Alabama Great Southern Railroad Company against the Alabama Public Service Commission and the members thereof. Prom a decree denying relief, complainant appeals. The bill avers that complainant is a ráilroad corporation whose line of railroad passes through the town of Attalla, Etowah county, Ala.; that it maintains' a depot at that point for the accommodation of passengers ; that in 1911 the depot at Attalla was improved and reconstructed in accordance with plans and specifications approved by the Railroad…
1Opinion of the CourtSomerville, J.
[1] The Public Service Commission “exercises a limited statutory jurisdiction and the court of equity may enjoin the enforcement of its orders when in excess of jurisdiction, unreasonable, or unjust.” Ala. Pub. Ser. Comm. v. L. & N. R. Co., 206 Ala. 326, 89 South. 524; Railroad Commission v. Ala. North. Ry. Co., 182 Ala. 357, 62 South. 749.
[2] Presumptively, when the Commission makes an order within the purview of its statutory powers, such order wall be deemed reasonable and just, and a court will not deny nor prevent its enforcement unless it clearly appears that it is unjust and…
2Cases cited10 opinions
- Railroad Commission v. Alabama Great Southern R. R.Supreme Court of Alabama · 1913
- Railroad Commission v. Ala. North. Ry. Co.Supreme Court of Alabama · 1913
- Binion, Sheriff v. Oklahoma Gas Electric Co.Supreme Court of Oklahoma · 1910
- Crowder v. Fletcher & Co.Supreme Court of Alabama · 1885
- St. Louis, I. M. & S. Ry. Co. v. StateSupreme Court of Oklahoma · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State Docks Commission v. BarnesSupreme Court of Alabama · 1932
- North Alabama Motor Express, Inc. v. RookisSupreme Court of Alabama · 1943
- Birmingham Electric Co. v. Alabama Public Service CommissionSupreme Court of Alabama · 1949
- State Ex Rel. Taylor v. Union Pacific RailroadIdaho Supreme Court · 1939
- Western Ry. of Alabama v. Montgomery CountySupreme Court of Alabama · 1934
7 more not listed; retrieve them via the Exa API.