State ex rel. Railroad Commissioners v. Atlantic Coast Line Railroad Co.

Citations

• 67 Fla. 441
• 63 So. 729
• 1913 Fla. LEXIS 266

Syllabus

<p>1. A demurrer to an alternative writ of mandamus stands upon tbe same footing as a demurrer in any other action at law and is to be treated in the same way, that is as admitting as true all such matters of fact as are sufficiently pleaded.</p> <p>2. A demurrer to an alternative writ of mandamus admits as true all well-pleaded allegations of fact and all fair and pertinent inferences or conclusions of fact in the writ that are not inconsistent with or repugnant to accompanying specific detailed allegations oí facts and circumstances; but it does not admit conclusions of law stated in tbe writ.</p> <p>3. In mandamus, certainty of allegation is requisite, but if tbe alternative writ states tbe facts on which 'the demand is based with sufficient precision to express the right .of the relator and the duty of the respondent in such a manner that the ordinary mind may easily apprehend them, this is all the certainty required to. defeat a demurrer..</p> <p>4. In passing upon a demurrer to an alternative writ of mandamus, matters dehors the writ cannot be considered, but only-such matters as appear upon the face of the writ.</p> <p>5. It is not the .province of a demurrer to: set out .the facts; . it involves only , such facts ,as are alleged in the pleading demurred to, and raises only questions of law as to the sufficiency of the pleadings which arise on the face thereof.</p> <p>(3.' Section 2893 of' the General' Statutes of Florida 'éxpressly confers upon the Railroad Commissioners the authority “tt> require-two or more railroads entering the same town or city to erect, operate and maintain a joint passenger terminal or union depot,” and the authority given by this statute clearly includes the right to make a just and resaonable order for the erection of railroad depots in this State for the i convenience of the-public.</p> <p>7. Orders made by the Railroad Commissioners are prima facie reasonable and just, and unless overcome by evidence such orders are enforceable.</