A. C. L. R. R. Co. v. State, (1932)
Court: Supreme Court of Florida
Number:
Visitors: 6
Judges: ELLIS, J. —
Attorneys: W. E. Kay, J. L. Doggett and Thomas B. Adams, for Appellant;
T. T. Turnbull, for Appellee.
Filed: Jul. 26, 1932
Latest Update: Mar. 02, 2020
Summary: STATEMENT In a bill of complaint filed under the statute by the railroad commissioners against the Atlantic Coast Line Railroad *Page 280 company, it is in effect alleged that the defendant is a common carrier by railroad operating within the State of Florida; that the defendant owns and operates a line of steam railroad extending in and through the southeastern Gulf States, and in connection with and as a part of its said railroad system owns and operates lines of railroad extending to various
Summary: STATEMENT In a bill of complaint filed under the statute by the railroad commissioners against the Atlantic Coast Line Railroad *Page 280 company, it is in effect alleged that the defendant is a common carrier by railroad operating within the State of Florida; that the defendant owns and operates a line of steam railroad extending in and through the southeastern Gulf States, and in connection with and as a part of its said railroad system owns and operates lines of railroad extending to various s..
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I think that the Railroad Commission of the State of Florida has no power under its rules to require the Atlantic Coast Line Railroad Company to make application to and obtain permission from the Railroad Commission to lawfully discontinue the service afforded by interstate trains which is made the subject of the bill of complaint in this case. The injunction therefore was improper and should be dissolved. It may be proper to allow the bill to be amended to present a case within the
power of the Commission to require application for permission to abandon a local or interstate service.
Source: CourtListener
