Legal Opinion

State v. Seaboard Air Line Railway

Supreme Court of Florida

Decided June 15, 1908PublishedCited by 21 opinions

This case was decided by the court E11 B'anc. Writ of Error to the Circuit Court for Orange county. Statement. This is an action brought by the Railroad Commissioners in the name of the State of Florida against the Seaboard Air Line Railway, a corporation, in the Circuit Court for Orange County, to> recover a penalty of $1,000 imposed by such Railroad Commissioners upon the defendant for the violation of Freight Rule 3 of the commissioners.

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This case was decided by the court E11 B'anc. Writ of Error to the Circuit Court for Orange county. Statement. This is an action brought by the Railroad Commissioners in the name of the State of Florida against the Seaboard Air Line Railway, a corporation, in the Circuit Court for Orange County, to> recover a penalty of $1,000 imposed by such Railroad Commissioners upon the defendant for the violation of Freight Rule 3 of the commissioners. The declaration is as follows: “The State of Florida, by Louis C. Massey, Special Counsel for the Railroad Commissioners of the said State, directed by…

1Opinion of the CourtShackleford, C. J.

(After stating the facts.) — We assume that the cause of action in this case is among those designated by Section 1449 of the General Statutes of Florida of 1906, and Rule 14 of Circuit Court Rules in Common Law Actions, which provide that certain instruments designated therein, or a copy thereof, shall be filed with the declaration, as it has been so treated by both parties and the court below. But see Sammis v. Wightman, 31 Fla. 10, text 31, 12 South. Rep. 526, text 532. It has been uniformly held by this court that the object of this statute and rule in requiring the cause of action, or a…

2Cases cited33 opinions

  1. Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida · 1907
  2. Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
  3. National Foundry & Pipe Works v. Oconto Water Supply Co.Supreme Court of the United States · 1902
  4. Moore v. LanierSupreme Court of Florida · 1906
  5. Sammis v. JamesSupreme Court of Florida · 1893

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3Cited by21 opinions

  1. Harry Pepper & Associates, Inc. v. LasseterDistrict Court of Appeal of Florida · 1971
  2. National Surety Co. v. WilliamsSupreme Court of Florida · 1917
  3. American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
  4. Williams v. Peninsular Grocery Co.Supreme Court of Florida · 1917
  5. United States Rubber Products, Inc. v. ClarkSupreme Court of Florida · 1941

16 more not listed; retrieve them via the Exa API.

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