State v. Florida East Coast Railway

Citations

• 80 Fla. 411
• 86 So. 691

Syllabus

<p>The provision of Section 11, Chapter 6527, Acts of 1913, that “all suits under this Act shall be brought within two years after the commission of the alleged wrong or injury, except in cases where the Railroad Commissioners have heretofore been or shall hereafter be, by refusal of such railroad or common carrier to observe the rates, rules, schedules or regulations by the Railroad Commissioners, compelled to resort to suits to enforce such rates, rules, schedules or regulations, and in such cases suits for such loss, damage, or penalty may be brought within twelve months after the termination of such suits in favor of the Railroad Commissioners,” does not apply to suits brought under Chapter 5616, Acts of 1907, “to compel” “accountings and payments” by common carriers for transportation charges collected from individuals in violation of rates fixed by the Railroad Commissioners under the statute. Such special statute of limitations not being applicable, the general statute of limitation was properly applied by the trial court in an accounting there being had pursuant to the provisions of Chapter 5616, Acts of 1907.</p>