Storrs v. Pensacola & Atlantic Railroad

Citations

• 29 Fla. 617

Syllabus

<p>1. The conferring authority upon the railroad commissioners of this State by the railroad commission act, being Chapter 8746, to make and fix reasonable and just rates for the transportation of freight and passengers over the railroads doing business in this State, is not prohibited by our constitution on the ground that it is the exercise of judicial or legislative power which can not be delegated to such a body. -</p> <p>■ 3. Where a tariff of freight and passenger rates has been established by the railroad commissioners, and a railroad company and the commissioners differ as to whether such rates, considered as a whole, will prove remunerative to the company, and there is room for a difference of intelligent opinion on the subject, the courts can not interfere or substitute their judgment for that of the commissioners, but the tariffs as fixed by the commission must, in so far as the courts are concerned, be left to the test of experiment.</p> <p>8. An allegation to the effect that the rates fixed by the commissioners for one road are unjust and unreasonable when compared with the rates permitted on other lines of railroad in this State operating under the same conditions, does not overthrow the reasonableness or justice of the rate complained of, as a rate reasonable and just in itself for one road, may not be so for another; though they connect with each other.</p> <p>4. The prevention of a multiplicity of suits is a ground of equitable jurisdiction in a court of chancery,' but this ground of interference can not be extended to confer upon a party remedial rights where none of any kind existed before. Its exercise necessarily assumes that, the complainant in such cases has some defense, either legal or equitable, to the numerous suits instituted or threatened against him.</p> <p>•o. The effect of the repeal of the railroad commission law on the rights of the parties to this suit not considered.</p>