Atlantic Coast Line Railroad v. Coachman
Citations
- 59 Fla. 130
Syllabus
<p>1. The provisions of Chapter 5618, Acts of 1907, are not confined. to railroads alone, but include all common carriers, thus making a classification in accordance with the requirements of the constitution as to due process of law and the equal protection of the laws.</p> <p>2. The statute, Chapter 5618, Acts of 1907, may not be said to offend against the equal protection clause of the State constitution or the inhibition of Article XIV of the Federal constitution merely because it permits a recovery of interest and attorneys’ fees by the plaintiff shipper if he succeeds, and secures no such right to the carrier in the event it prevails in the suit.</p> <p>8. It is not necessary that a statute passed in the exercise of the police power shall apply equally- and uniformly to all persons of the State, but it is sufficient to satisfy the constitutional requirements of equal protection of the law if it applies equally and uniformly to all persons similarly situated.</p> <p>4. Since railroads are created by the State for quasi-public purposes and are, therefore, affected by a public interest, the legislature may to the extent of such interest regulate and control them except in so far as it is restricted by the contract obligation imposed by the charter or statute under which the companies are incorporated, and subject of course to the constitutional restrictions against the impairment of vested rights, denial of the equal protection of the laws or due process of law.</p> <p>5. The police power of a State embraces regulations designed to promote the public convenience or the general prosperity or the public welfare.</p> <p>6. The subject-matter of Chapter 5618, Laws of 1907, providing for a recovery of fifty per cent interest and reasonable attorneys’ fees from common carriers for failure to pay claims for any freight or express lost or damaged within sixty days meets the test of constitutionality.</p> <p>7. A liberal rule of construction should be applied when the cons
Judges: Account, Cockrell, Hocker, Illness, Parkhilu, Shackleford, Taylor, Whitfield
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