Cullen v. Seaboard Air Line Railroad

Citations

• 63 Fla. 122

Syllabus

<p>1. At common law where on the receipt of goods by a carrier, an exhorbitant charge is made, and the same is coercively exacted either in advance or at the completion of the service, an action may be maintained to recover the overcharge.</p> <p>2. A statute will not be construed as taking away a common law right existing at the date of its enactment, unless the pre-existing right is so repugnant to the statute that the survival of such right would in effect deprive the subsequent statute of its efficacy, or render its provisions nugatory.</p> <p>S. The common law right to recover freight charges collected in excess of reasonable rates, is essentially different from the right of action given by the statute to recover charges in excess of rates fixed by the railroad commissioners together with expenses incurred in the recovery, and there is no legislative intent expressed or implied to destroy or to supercede the common law right of action.</p> <p>4. A common count for money payable to the plaintiff for money had and received by the defendant for the use of the plaintiff is applicable in all cases where the defendant has obtained money which, ex aequo et T)ono, he ought to refund.</p> <p>5. A common count for money had and received lies for money paid by mistake or upon a consideration which has failed, or for money obtained through imposition, express or implied, or extortion or oppression, or an undue advantage taken of the plaintiff’s situation, contrary to laws made for the protection of persons under these circumstances.</p> <p>O. Where a common carrier has exacted excess charges for the transportation of freight, such excess may be recovered in a common law action for money had and received by the defendant for the use of the plaintiff, whether the charges exacted are in excess of reasonable rates at common law or are in excess of rates prescribed and made prima facie reasonable under statutory authority.</p> <p>7. Under the statute the schedules of rates for