State ex rel. Ellis v. Seaboard Air Line Railway

Citations

• 48 Fla. 150

Syllabus

<p>1. Upon the trial of the issue of the reasonableness of a specific rate prescribed by the Railroad Commission, where there is offered no evidence bearing even remotely upon the rate, a mandamus will issue for its enforcement.</p> <p>2. In dealing with the reasonableness of a rate prescribed by the Railroad Commission, speculative suggestions as to what might possibly result, with no showing of an actual test are insufficient to overthrow the findings of the commission.</p> <p>3. The burden is upon the railroad company to prove that the specific rate prescribed by the Railroad Commission, together with the other rates prescribed by it, deprive the company of a right guaranteed by the Federal constitution, and where it fails to 'show the value of the road in the State and the cost of operation, and also fails to separate domestic from foreign business, it can not be said that a net earning of 3% per cent; on the total cost of construction, equipment, etc., is confiscatory.</p>