Louisville & N.R. Co. v. Railroad Com'rs

• Decision Date: 23 April 1912
• Citation: 58 So. 543,63 Fla. 491
• Court: Florida Supreme Court
• Parties: LOUISVILLE & N. R. CO. v. RAILROAD COM'RS.

58 So. 543

63 Fla. 491

LOUISVILLE & N. R. CO. v. RAILROAD COM'RS.

Florida Supreme Court

April 23, 1912

Appeal from Circuit Court, Walton County; J. Emmett Wolfe, Judge.

Bill in equity by the Louisville & Nashville Railroad Company against R. Hudson Burr and others, Railroad Commissioners. From a decree sustaining a demurrer to the bill, complainant appeals. Affirmed.

Syllabus by the Court

SYLLABUS

When officers of the state act under invalid authority, or exceed or abuse their lawful authority, and thereby invade private rights that are secured by the Constitution, an action to redress injuries caused by the unauthorized act is not a suit against the state, since the acts of officials that are not legally authorized, or that exceed or abuse authority or discretion conferred upon them, are not acts of the state.

Where action taken by state officials is unauthorized and substantially impairs private rights, in violation of the Constitution, such action will not be enforced.

Illegal action taken by state officials may be enjoined, when the ordinary remedies afforded by courts of law are inadequate.

Where the Railroad Commissioners exceed or abuse the authority and discretion conferred upon them by making an order that illegally invades the property rights of a railroad company the illegality of the order is available as a defense in proceedings at law to compel the company to obey the invalid order, or in an action for a statutory penalty for a violation of the order; therefore the remedy at law is adequate, and an injunction will not be granted, in the absence of some ground for equitable relief.

Where it clearly appears that the remedy at law is adequate, and no equitable ground for relief is shown, an injunction is not the proper remedy.

Allegations that an order of the Railroad Commissioners is exceptional unreasonable, and imposes an unjust tax on the resources of the complainant railroad company, in that it requires the company, at great expense, to increase and improve its depot facilities by enlarging the waiting rooms, baggage room, and sheds, and by reconstructing the toilet rooms and substituting electric lights for kerosene lamps, when the company deems its present facilities are adequate, do not make a case for an injunction, even though the order, in some of its particulars, may be an excess or abuse of authority and discretion, since the remedy at law is complete and adequate, in that the invalidity of the order is available as a defense in an action to enforce the order, or to collect a statutory penalty for not obeying it.

The statutes authorize the Railroad Commissioners to make and enforce lawful, just, and reasonable rules and regulations requiring railroad companies to establish and maintain passenger depot facilities and accommodations, including waiting rooms, toilet rooms, baggage rooms, sheds, and lights, that are reasonably adequate and suitable for the safety, comfort, and convenience of all who have a right to use such facilities. Gen. St. 1906, ss 2893, 2896, and Acts 1907, c. 5622, s 2.

Accommodations should be ample and suitable to meet the reasonable requirements of passengers and those who rightly accompany them, as well as others who have a right to go into the depots on business or otherwise, and to use the facilities.

As the carrier is the owner of its property and provides its facilities, and is liable in damages for injuries caused by its negligence in furnishing or using such facilities governmental regulations should accord to the carrier a primary discretion as to the character, dimensions, and details of the facilities required, unless the carrier fails or refuses to properly exercise its rights.

Valid orders of the Railroad Commission should be obeyed; and if for any reason, an order is supposed to be invalid the carrier should apply to the Railroad Commissioners for a modification of it before resorting to the courts. This should be done, rather than to ignore the order, even though it may not be enforceable, because invalid.

In determining whether a rule or regulation of the Railroad Commissioners, in its terms or in its practical operation and effect, is unreasonable, and denies to the carrier its constitutional property rights, all the facts and circumstances affecting the rights of all interested parties should be considered.

It is the duty of the carrier to anticipate the needs of the public, and to provide appropriate and reasonably adequate facilities and accommodations to meet the present and prospective demands for the safety, comfort, and convenience of the public, who have a right to use the facilities and accommodations. The reasonable requirements of a growing community or of an increasing business should be anticipated by a carrier in the performance of its public duty.

COUNSEL Blount & Blount & Carter, for Pensacola, for appellant.

F. M. Hudson, of Tallahassee, for appellees. The following bill of complaint was filed:

'The bill of the Louisville & Nashville Railroad Company, under the laws of the State of Kentucky, against R. Hudson Burr, N. A. Blitch, and Royal C. Dunn, composing the Railroad Commission of the State of Florida, alleges as follows:

'That the complainant is the owner and operator of a railroad running from Pensacola, Florida, its western terminus, to River Junction, Florida, its eastern terminus, and through the village of De Funiak Springs.

'That the defendants compose the Railroad Commission of the state of Florida, and have their official office at Tallahassee, Florida.

'That on the 1st day of May, 1911, after having taken certain testimony in De Funiak Springs, said defendants, as the Railroad Commission of the State of Florida, made the following order, to wit:

"Order No. 331.

File #3015.

"Before the Railroad Commissioners of the State of Florida.

"In the matter of enlargement of the passenger depot and facilities at De Funiak Springs, a station on the line of railway of the Louisville & Nashville Railroad Company in this State.

"This matter came on for hearing before us, pursuant to due notice to the Louisville & Nashville Railroad Company, at the courthouse in De Funiak Springs on March 25, 1911, when and where there appeared Hon. William W. Flournoy, counsel for the citizens of De Funiak Springs, and the said railroad company appeared by Hon. Daniel Campbell, counsel, Mr. O. A. Gonzalez, trainmaster, and Mr. M. A. Warren, supervisor of track; witnesses were examined by both parties, and we made a personal examination of the premises in the presence of the said officials of the company.

"Now, therefore, after due consideration, we, the Railroad Commissioners, of the State of Florida, being fully advised in the premises, do find that De Funiak Springs aforesaid is an important station on the line of the Louisville & Nashville Railroad Company, to and from which it, the said railroad company, transports many passengers on their way from and to other points in this state, and that the present passenger depot, its facilities and conveniences, are insufficient for the safety, convenience and comfort of the passengers.

"And it is therefore ordered and adjudged that the Louisville & Nashville Railroad Company shall enlarge the waiting room for white passengers so that the same shall not be less than 19 feet by 40 feet, and shall enlarge the waiting room for colored passengers so that the same shall not be less than 19 feet by 30 feet, and shall provide a baggage room on the eastern end of the depot building, of not less than 19 feet by 30 feet, all inside measurement; and shall also enlarge the passenger platform so that the same shall be 255 feet each way from the center of the said baggage room and shall extend the present umbrella shed so that it shall be the length of the said platform.

"It is further ordered that the present toilet rooms which are built out into the waiting rooms be removed, and that sufficient toilet rooms one for each sex, be constructed adjoining each waiting room, with access to them from the waiting rooms, respectively, through an intermediate passage or space so that due privacy and freedom from offensive orders may be secured.

"And it appearing to us that kerosene lamps, by which the platform and depot are lighted, are insufficient for the safety, convenience and comfort of the passengers, and that electric lights can readily be installed and electric current furnished at a reasonable rate, it is further ordered that the use of kerosene lamps be discontinued in the depot as enlarged, and that the said depot shall be reasonably lighted with electric lights.

"This order shall be complied with and the work herein ordered shall be completed on or before September 1, 1911.

"Ordered in open session of our board at our office in the city of Tallahassee, this the 1st day of May, A. D. 1911.

"[Signed] ---- R. Hudson Burr,

"Chairman.'

'That the investigation by the defendants of the depot facilities of the complainant at De Funiak Springs was instituted, as complainant is informed and believes, largely, if not solely, at the request and upon the instigation of one or two individuals, and without any general demand on the part of the citizens of that town therefor.

'That prior to the said investigation, the defendant, having in view the comfort and accommodation of its patrons, of its own volition had repaired and improved the depot at De Funiak Springs, and had spent large sums of money thereon. That, among other things, it had put in toilets and sewerage connected therewith, had repainted the depot and installed new lamps; the sewerage alone costing the complainant more than six hundred ($600) dollars. That complainant alleges that the requirements of...