Florida Central & Peninsular Railroad v. State ex rel. Mayor

Citations

• 31 Fla. 482

Syllabus

<p>Mandamus—parties to—contracts can not be enforced by-contracts BINDING RAILROADS TO LOCATE DEPOT AT PARTICULAR POINT VOID—EXACT LOCATION OF DEPOT BUILDINGS BY RAILROAD CAN NOT BE CONTROLLED BY.</p> <p>1. When mandamus is resorted to for the purpose of enforcing a private right, the person interested in having the right enforced must be the relator. In such case the relator is considered the real party and Ms right to the relief must clearly appear; but where the object is the enforcement of a public right, the people are regarded as the real party, and the relator need not show that he has any legal interest in the result. It is enough that he is interested as a citizen in having the laws executed, and the duty in question enforced.</p> <p>2. Mandamus never lies to enforce the performance of private contracts.</p> <p>3. Contracts undertaking to obligate a railroad company to establish. its depot exclusively at a particular point are void as against public policy. Such companies should be left free to establish and re-establish their depots wherever the public welfare or wants of the public may require.</p> <p>4. The courts are not authorized by mandamus to so far control a railroad company’s discretion in the matter of the location of its depot buildings, as to indicate, in any case, the exact spot of such location.</p> <p>5. The mandatory part of an alternative writ of mandamus must conform to the case made by the recitals in su'ch writ, and must not require more to be done than is justified by such re citáis.</p> <p>8. The range of action required of the respondent by an alternative writ of mandamus should be clearly, particularly and explicitly set forth in the mandatory part of such writ. The duty commanded should not be left to indiscriminate outside ascertainment, dehors the writ.</p>