State v. Louisville

Citations

• 51 Fla. 311

Syllabus

<p>1. The Railroad Commissioners of tbe State of Florida acting under the- authority conferred upon them by section 16, Article 30 of the Constitution of Florida, by the amendment of the 35th section of Article 3 thereof, adopted in 1898, and by Chapter 4700 of the laws of 1899, have no power to require a railroad company to transport freight fi’om a point on its own line within the State, to a destination within the State on the line of a connecting road, when it does not appear that the former road holds itself out to the public to perform such service; nor have the Railroad Commissioners power or authority to impose penalties upon a railroad which refuses compliance with such an order.</p> <p>2. The rule that a demurrer to a replication to a plea, which replication confeses and undertakes to avoid the plea, reaches back to the declaration, applied in this case.</p>