La Floridienne, J. Buttgenbach & Co. Societe Anonyme v. Atlantic Coast Line Railroad

Citations

• 63 Fla. 208

Syllabus

<p>1. A demurrer does not lie to the common counts merely as suda when they are properly framed and included in a declaration.</p> <p>2. As the common law right to recover for charges collected in excess of reasonable rates for the transportation of freight is not repugnant to nor superseded by the statutory right of action to recover charges collected in excess of the rates properly chargeable under the railroad commission law, the common law remedy remains and may be enforced while it exists even though the statutory remedy is extinguished by the lapse of time.</p> <p>3. Where a common law right of action to recover freight charges collected in excess of reasonable charges exists and is shown by proper pleadings, the rates fixed by the commissioners may be given in evidence to show prima facie what was a reasonable rate, that being the effect of the provision of the statute making the commission rates prima facie evidence of reasonable rates in “all suits brought against any railroad corporation wherein is involved the rates of any such railroad corporation for the transportation of freight.</p>