Tilley v. Savannah, Florida & Western R. Co.
U.S. Circuit Court for the Southern District of Georgia
In Equity. Motion for Injunction pendente lite. The constitution of the state of Georgia, paragraph 22, § T, art. 3, roads as follows: “The general assembly shall have power to make all laws and ordinances consistent with this constitution, and not repugnant to the constitution of the United States, which they shall deem necessary and proper to the welfare of the state.”
Read the full summary
In Equity. Motion for Injunction pendente lite. The constitution of the state of Georgia, paragraph 22, § T, art. 3, roads as follows: “The general assembly shall have power to make all laws and ordinances consistent with this constitution, and not repugnant to the constitution of the United States, which they shall deem necessary and proper to the welfare of the state.” Paragraph 1, § 2, art. 4, declares that “the power and authority of regulating railroad freights and passenger tariffs, preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger…
1Opinion of the CourtWoods, C. J.
The question for solution is whether the case made by this bill and amendment, and the affidavits in support of it, entitles the complainant to the writ of injunction as prayed for in his bill. The first inquiry that arises is, what are the rights of the Savannah, Florida & Western Railroad Company under the law of its organization? On behalf of the complainant it is averred that the railroad company has the right, within limits prescribed by the charter of the Atlantic & Gulf Railroad Company, to fix its own schedule of freight and passenger fares, and that this right is not subject to…
2Cases cited15 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Munn v. IllinoisSupreme Court of the United States · 1877
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
- Packet Co. v. KeokukSupreme Court of the United States · 1877
- Chicago, Burlington, & Quincy Railroad v. IowaSupreme Court of the United States · 1877
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- United Fuel Gas Co. v. Public Service CommissionWest Virginia Supreme Court · 1914
- State ex rel. Taylor v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- State, Department of Citrus v. GriffinSupreme Court of Florida · 1970
- McWhorter v. Pensacola & Atlantic RailroadSupreme Court of Florida · 1888
13 more not listed; retrieve them via the Exa API.