Legal Opinion

State ex rel. Ellis v. Atlantic Coast Line Railroad

Supreme Court of Florida

Decided January 15, 1907PublishedCited by 9 opinions

This case was decided by the Court En Banc. This is a .case of Original Jurisdiction. STATEMENT. The second amended alternative writ of mandamus filed in this cause is as follows: “The State of Florida to the Atlantic Coast Line Railroad Company.

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This case was decided by the Court En Banc. This is a .case of Original Jurisdiction. STATEMENT. The second amended alternative writ of mandamus filed in this cause is as follows: “The State of Florida to the Atlantic Coast Line Railroad Company. Permission of the court being first had and obtained upon application of the relator in the above 'stated cause, it was ordered that the amended alternative writ herein-before issued herein be and the same is hereby amended so as to read as' follows: Whereas, by a petition filed in this court in the name of the State of Florida upon the relation of…

1Opinion of the Court

VfniTPiEUD, J.:

The alternative writ alleges that the respondent has allowed and is allowing its roadbed and LuG: †.> run lown, f :t:riorate and become unfit and an-*729suitable for the proper movement of its equipment thereon and the transportation of freight and passengers there-over ; that the said roadbed and tracks on said main line, in their present condition, are and constitute a danger and a menace to the lives and limbs of the passengers on said railroad, and the freight transported thereover; that said roadbed has an uneven and irregular surface; a large per-' c ntage of the crossties…

2Cases cited2 opinions

  1. Wefel v. StillmanSupreme Court of Alabama · 1907
  2. State ex rel. Law v. SaxonSupreme Court of Florida · 1889

3Cited by9 opinions

  1. Southern Home Insurance v. PutnalSupreme Court of Florida · 1909
  2. Benedict Pineapple Co. v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
  3. Ray v. WilliamsSupreme Court of Florida · 1908
  4. Gainesville & Gulf Railroad v. PeckSupreme Court of Florida · 1908
  5. Hildreth v. Western Union Telegraph Co.Supreme Court of Florida · 1908

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