THE STATE OF FLORIDA, EX REL. A. S. WELLS, E. S. MATHEWS AND MAMIE G. EATON, AS RAILROAD COMMISSIONERS OF THE STATE OF FLORIDA, RELATORS,
v.
ATLANTIC COAST LINE RAILROAD COMPANY, A CORPORATION, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court considered a motion to quash an alternative writ of mandamus compelling a railroad company to comply with a Railroad Commissioners' order. The court found the motion premature, requiring further factual development before ruling on the Commissioners' authority and the reasonableness of their order.
The court held that the motion to quash the alternative writ should be overruled, indicating that the case requires further proceedings to properly determine the legal questions presented.
“The alternative writ of mandamus was granted by this Court requiring the Atlantic Coast Line Railroad Company to comply with order number 925 of the Railroad Commissioners of the State of Florida, the pertinent part of which is to “abolish for the purpose of computing rates, the station and shipping point on your line of railroad near Tampa, Fla., known as Ewing and to desist from the publication of rates to and from the station or shipping point known as Ewing, Fla.’”
Describes the order at issue and the court's initial action.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Railroad Commissioners ordered the Atlantic Coast Line Railroad Company to abolish a shipping point known as Ewing near Tampa for rate computation…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Mandamus cases and more on FLexlaw
Per Curiam.
The alternative writ of mandamus was granted by this Court requiring the Atlantic Coast Line Railroad Company to comply with order number 925 of the Railroad Commissioners of the State of Florida, the pertinent part of which is to “abolish for the purpose of computing rates, the station and shipping point on your line of railroad near Tampa, Fla., known as Ewing and to desist from the publication of rates to and from the station or shipping point known as Ewing, Fla. ’
A motion to quash the alternative writ is predicated on six grounds which raise two primary questions, viz: was the order of the Railroad Commissioners within their power power and authority, and if so was it a reasonable exercise of such power. On the allegations of the alternative writ we are unable to properly dispose of the questions raised. We think, therefore, that the motion to quash should be overruled and on a full and complete presentation of the matter the questions of law presented will be determined.
It is so ordered.
Terrell, C. J., and Ellis and Brjwn, J. J., concur. Whitfield, P. J., and Strum and Buford, J. J., Concur in the opinion and judgment.