State v. Atlantic Coast Line Railroad
Supreme Court of Florida
The demurrer of Relator to the return of the Respondent sustained, and the peremptory writ awarded. This case was decided by the Court En Banc. This is a case of original jurisdiction. STATEMENT.
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The demurrer of Relator to the return of the Respondent sustained, and the peremptory writ awarded. This case was decided by the Court En Banc. This is a case of original jurisdiction. STATEMENT. An alternative writ of mandamus upon the relation of the Attorney General issued from this court against the Atlantic Coast Line Railroad Company to enforce an order of the Railroad Commissioners of the State under the provisions of Chapter 4700, Acts of 1899. The alternative writ states that upon complaint, notice of hearing, failure to appear, and after consideration,, the Railroad Commissioners…
1Opinion of the CourtWhitfield, J.
(after stating the facts) : The return of *657the respondent, briefly stated, is that it is transporting and delivering between stations on its line, men, wire, poles, etc., for the Western Union Telegraph Company, as alleged in the alternative writ, and is refusing to perform a like service for all other telegraph and telephone companies, but avers that it is not guilty of discrimination thereby, nor subject to any order of the Commission in regard thereto, by reason of the fact that the respondent has never held itself out, and does noi hold itself out, as a common carrier in respect to the…
2Cases cited9 opinions
- Tampa Water Works Co. v. TampaSupreme Court of the United States · 1905
- City of Tampa v. Tampa Waterworks Co.Supreme Court of Florida · 1903
- Chicago & Northwestern Railway Co. v. People ex rel. HempsteadIllinois Supreme Court · 1870
- State ex rel. Lamar v. Jacksonville Terminal Co.Supreme Court of Florida · 1899
- Augusta Brokerage Co. v. Central of Georgia Railway Co.Supreme Court of Georgia · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- State ex rel. Triay v. BurrSupreme Court of Florida · 1920
- State ex rel. Ellis v. Tampa Water Works Co.Supreme Court of Florida · 1908
- Seaboard Air Line Railway v. SimonSupreme Court of Florida · 1908
- Southern Utilities Co. v. City of PalatkaSupreme Court of Florida · 1923
10 more not listed; retrieve them via the Exa API.