Legal Opinion

Alabama Great Southern R. v. Alabama Public Service Commission

Supreme Court of Alabama

Decided February 8, 1923No. 3 Div. 569PublishedCited by 12 opinions

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

  1. Railroad Commission v. Alabama Great Southern R. R.Supreme Court of Alabama · 1913
  2. Railroad Commission v. Ala. North. Ry. Co.Supreme Court of Alabama · 1913
  3. Binion, Sheriff v. Oklahoma Gas Electric Co.Supreme Court of Oklahoma · 1910
  4. Crowder v. Fletcher & Co.Supreme Court of Alabama · 1885
  5. 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

  1. State Docks Commission v. BarnesSupreme Court of Alabama · 1932
  2. North Alabama Motor Express, Inc. v. RookisSupreme Court of Alabama · 1943
  3. Birmingham Electric Co. v. Alabama Public Service CommissionSupreme Court of Alabama · 1949
  4. State Ex Rel. Taylor v. Union Pacific RailroadIdaho Supreme Court · 1939
  5. Western Ry. of Alabama v. Montgomery CountySupreme Court of Alabama · 1934

7 more not listed; retrieve them via the Exa API.

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