Railroad Commissioners v. Atlantic Coast Line Railroad

Citations

• 56 Fla. 525

Syllabus

<p>1. Statutory authority to enforce by judicial-proceedings the private rights of others, even when it ’is based upon a proper classification of subjects for legislation and is otherwise valid, should not be extended beyond the legislative intent as shown by the terms and purpose of the statute.</p> <p>2. The purpose of the statute authorizing the railroad commissioners to institute proceedings to compel restitution and to enforce a penalty incurred for a wrong or injury inflicted on any person by a common carrier in disregarding any rule, rate or regulation of the commissioners, is to enforce the duties and obligations of common carriers that are of a public nature and peculiar to common carriers, or where a penalty is incurred under the statute.</p> <p>3. The authority given the railroad commissioners by statute to institute proceedings to compel restitution or to enforce the penalty for any wrong or injury inflicted on a person by a common carrier in the violation or disregard of any rule, rate or regulation of the commissioners, extends or\\ly to wrongs or injuries inflicted by a carrier in the violation of a rate, rule or regulation directly affecting the duties and obligations peculiar to common carriers.</p> <p>4. Mere liabilities for money payments imposed by a rule of the railroad commissioners upon a common carrier in favor of a shipper as cumulative remedies for breaches of duties, are not wrongs or injuries for which the railroad commissioners are by the statute authorized to institute proceedings in the courts to compel restitution or to enforce a penalty.</p>