State ex rel. Florida Railroad Commissioners v. Atlantic Coast Line Railroad
Supreme Court of Florida
This case was decided by the court En Banc. This is a case of original jurisdiction. Statement. This is a case of original jurisdiction. The alternative writ and the motion to quash the same will be found reported in 59 Fla., 612, 52 South. Rep., 4. The respondent, for answer to the alternative writ filed the following return thereto.
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This case was decided by the court En Banc. This is a case of original jurisdiction. Statement. This is a case of original jurisdiction. The alternative writ and the motion to quash the same will be found reported in 59 Fla., 612, 52 South. Rep., 4. The respondent, for answer to the alternative writ filed the following return thereto. “Now comes the Atlantic Coast Line Railroad Company, respondent, and for answer to the alternative writ of mandamus in the above entitled cause, says: 1. It admits that it is a railroad corporation created under the laws of the State of. Virginia, and that on…
1Opinion of the CourtParkhill, J.
(after stating the facts).—The motion to strike the third subparagraph of the eighth paragraph, beginning with the words, “Respondent further avers that while there has grown up between carriers,” and ending with the words, “as seeking to take the property of this respondent without due process of law,” will be granted.
The matters therein averred are not responsive to the alternative writ. The writ nowhere seeks to compel the service whereby the respondent railroad shall part with its cars, neither does the writ require the service over more than one railroad, but seeks to enforce a rate for…
2Cases cited3 opinions
- King Lumber & Manufacturing Co. v. Atlantic Coast Line RailroadSupreme Court of Florida · 1909
- Storrs v. Pensacola & Atlantic RailroadSupreme Court of Florida · 1892
- State ex rel. Burr v. Atlantic Coast Line RailroadSupreme Court of Florida · 1910
3Cited by5 opinions
- Taylor v. Prairie Pebble Phosphate Co.Supreme Court of Florida · 1911
- Carpentier v. StateDistrict Court of Appeal of Florida · 1991
- Mixson v. First Natl. Bank of MiamiSupreme Court of Florida · 1931
- State ex rel. Knott v. HaskellSupreme Court of Florida · 1916
- State ex rel. Railroad Commissioners v. Atlantic Coast Line RailroadSupreme Court of Florida · 1912