Judges: DAVIS, J.
Attorneys: Leo P. Kitchen and Dan R. Schwartz, for Relator;
Theo T. Turnbull and Claude Ogilvie, for Respondents.
Filed: Mar. 28, 1936
Latest Update: Mar. 02, 2020
Summary: This was a mandamus to require the Florida Railroad Commission to grant to the relators a certificate of registration (Public Convenience and Necessity) to engage as an exclusively interstate operator in private contract carriage by motor vehicle from Baltimore, Maryland, to Jacksonville, Florida, over that certain portion of the public road from the border of the State of Florida, to Jacksonville, Florida, known as State Highway Route No. 3, U.S. Highway Route No. 17. The Railroad Commission as
Summary: This was a mandamus to require the Florida Railroad Commission to grant to the relators a certificate of registration (Public Convenience and Necessity) to engage as an exclusively interstate operator in private contract carriage by motor vehicle from Baltimore, Maryland, to Jacksonville, Florida, over that certain portion of the public road from the border of the State of Florida, to Jacksonville, Florida, known as State Highway Route No. 3, U.S. Highway Route No. 17. The Railroad Commission ass..
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It appears that there has been a hearing before the Commission on this application for Certificate of Public Convenience and Necessity, evidence taken and an order made. The remedy, therefore, is by certiorari, not by mandamus. The Motor Carrier Act of Congress was adopted after this application was filed under that Act. As I understand it, the State Commission has no authority to grant the sort of certificate applied for. But if it be deemed an application for a certificate of registration,
I think the Florida Commission has a certain degree of discretion, as to route, etc., to protect Florida roads, which cannot be controlled by mandamus.
