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· 6/30/1903

Louisville & N. R. v. Brown

Citations

  • 123 F. 946
  • 1903 U.S. App. LEXIS 4959

Syllabus

<p>1. Federal Courts—Power to Grant Injunction—Orders of State Railroad Commission.</p> <p>The statute of Florida creating the state railroad commission vests it with executive, legislative, and quasi judicial powers; but such judicial powers appertain only to acts of a judicial .character, and the commission is not a state court, and as such exempt from the interference of a federal court by injunction, under Rev. St. § 720 [U. S. Comp. St. 1901, p. 581], with respect to the enforcement of its orders made in a legislative capacity, as in fixing future rates to be charged by a railroad, which it is empowered to enforce only by regular proceedings in the courts.</p> <p>2. Railroads—State Regulation of Rates—Determining Value of Prop erty.</p> <p>A sworn return of the value of a line of railroad, made to the state authorities for purposes of taxation by an officer of the company, is evidence of the value of the property, to be considered in determining the reasonableness of rates or charges fixed by the state for the carriage of passengers or freight, but is not conclusive on the company for the latter purpose, and does not estop it to show that the actual cost of reproducing the property would be much greater than the value so given.</p> <p>8. Same—Reasonableness of Rates—Basis of Determination.</p> <p>The fact that a line of railroad is operated in connection with other lines owned by the same company, but under separate charters, whereby the earnings of such line are increased and its operating expenses reduced, does not prevent its being considered as a separate and independent line for the purpose of determining the reasonableness of rates thereon, fixed by the state; full consideration of the joint operation being given when the road is credited for the increased business and reduced expenses.</p> <p>4. Same—Injunction against Enforcement of Reduced Rates.</p> <p>A railroad company, so long as its rates are reasonable and not diserimative, is entitled to earn an

Judges: Pardee

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