State ex rel. Ellis v. Atlantic Coast Line Railroad
Supreme Court of Florida
This case was decided by the Court En Bianc. This is a Case of Original Jurisdiction. STATEMENT. The alternative writ issued in this case January 11th, 1907, upon a petition filed by the attorney general, 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 Bianc. This is a Case of Original Jurisdiction. STATEMENT. The alternative writ issued in this case January 11th, 1907, upon a petition filed by the attorney general, is as follows: “The State of Florida To the Atlantic Coast Line Railroad Company. Whereas, by a petition filed in this court in the name of the state of Florida upon the relation of W. H. Ellis, as attorney general of said state, it has been made to appear: 1st. That the Atlantic Coast Line Railroad Compány is a railroad corporation, doing business under the laws of the state of Florida, in…
1Opinion of the Court
Whitfield, J.:
The attorney general in mandamus proceedings alleges that the respondent railroad company for more than a year has not performed its duty to the public as a common 'carrier in that its roadbed and track are not' maintained in a safe and suitable condition, its motive power and fiat and box cars are not sufficient in numbers, and the freights accepted are not transported with safety and dispatch, by reason of which great injury has resulted to the public. The alternative writ commands the performance of this duty.
It is contended on motion to quash the alternative writ that the…
2Cases cited32 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
- County Commissioners v. KingSupreme Court of Florida · 1869
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
27 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- State Ex Rel. Nuveen v. GreerSupreme Court of Florida · 1924
- Taylor v. Florida East Coast Railway Co.Supreme Court of Florida · 1907
- State ex inf. Barker v. Kansas City Gas Co.Supreme Court of Missouri · 1914
- Attorney General Ex Rel. Taylor v. CrawfordSupreme Court of Florida · 1928
47 more not listed; retrieve them via the Exa API.