State ex rel. Railroad Commissioners v. South Georgia Railway Co.

Citations

• 80 Fla. 369

Syllabus

<p>An order of the Railroad Commissioners commanding a railroad company “to re-establish, reinstate and operate” between points in this State, one of the points being near the State line, two passenger trains that had been operated as interstate trains, but had been discontinued on account of inability. to get coal for engine fuel, will not be enforced by mandamus, since even if on the facts shown the order is not in effect to reinstate an interstate train, not within, the authority of the Commissioners, the circumstances shown as to local conditions, the service being rendered by other trains, the meagernes of the public necessity and convenience to be served by added trains, the large expense to the carrier and its destructive effect upon the carrier’s property rights, clearly show that the order is not “reasonable and just and such as ought to have been made in the premises,” within the meaning of the statute under which the authority is exerted; the facts and circumstances of the case not making applicable here the principles applied in Missouri Pac. R. Co. v. State of Kansas ex rel. Railroad Com’rs, 216 TJ. S. 262, 30 Sup. Ct. Rep. 330.</p>