State v. Atlantic Coast Line R. Co.

Decision Date02 December 1913
Citation63 So. 729,67 Fla. 441
PartiesSTATE ex rel. RAILROAD COM'RS v. ATLANTIC COAST LINE R. CO. et al.
CourtFlorida Supreme Court

Original proceedings in mandamus by the State, on the relation of the Railroad Commissioners, against the Atlantic Coast Line Railroad Company and another. Demurrer to alternative writ overruled.

Syllabus by the Court

SYLLABUS

A demurrer to an alternative writ of mandamus stands upon the same footing as a demurrer in any other action at law, and is to be treated in the same way, that is, as admitting as true all such matters of fact as are sufficiently pleaded.

A demurrer to an alternative writ of mandamus admits as true all well-pleaded allegations of fact and all fair and pertinent inferences or conclusions of fact in the writ that are not inconsistent with or repugnant to accompanying specific detailed allegations of facts and circumstances; but it does not admit conclusions of law stated in the writ.

In mandamus, certainty of allegation is requisite; but, if the alternative writ states the facts on which the demand is based with sufficient precision to express the right of the relator and the duty of the respondent in such a manner that the ordinary mind may easily apprehend them, this is all the certainty required to defeat a demurrer.

In passing upon a demurrer to an alternative writ of mandamus matters dehors the writ cannot be considered, but only such matters as appear upon the face of the writ.

It is not the province of a demurrer to set out the facts; it involves only such facts as are alleged in the pleading demurred to, and raises only questions of law as to the sufficiency of pleadings which arise on the face thereof.

Section 2893 of the General Statutes of Florida 1906 expressly confers upon the Railroad Commissioners the authority 'to require two or more railroads entering the same town or city to erect, operate and maintain a joint passenger terminal or union depot,' and the authority given by this statute clearly includes the right to make a just and reasonable order for the erection of railroad depots in this state for the convenience of the public.

Orders made by the Railroad Commissioners are prima facie reasonable and just, and, unless overcome by evidence, such orders are enforceable.

COUNSEL F. M. Hudson, of Tallahassee, for relators.

W. J Oven, of Tallahassee, and Wilson & Boswell, of Bartow, for respondents. The alternative writ of mandamus issued by this court, omitting the formal parts, is as follows:

'(1) That the Atlantic Coast Line Railroad Company is a railroad corporation created and organized under the laws of the state of Virginia, and the said company owns and operates and for many years last past has owned and operated, a line of railway lying within the state of Florida, and extending therein from Lakeland in a southerly direction to Ft Myers. That the said company transports persons and property over its said line of railroad as a common carrier for hire, and holds itself out as such common carrier for hire, and transports persons and property from points in this state to other points in this state as such common carrier for hire aforesaid.
'(2) That the Seaboard Air Line Railway is a railroad corporation created and organized under the laws of the state of Virginia, and the said company owns and operates a line or lines of railway lying within the state of Florida. That the said company transports persons and property over its said lines of railroad as a common carrier for hire, and holds itself out as such common carrier for hire, and transports persons and property from points in this state to other points in this state as such common carrier for hire as aforesaid. That prior to the 29th day of July, 1912, the said Seaboard Air Line Railway had undertaken and entered upon the construction of a line of railway lying wholly within the state of Florida, extending from Mulberry in an easterly direction to the town of Bartow, and that on said 29th day of July, 1912, the said work had not been completed, but that the right of way had been cleared to and into said town of Bartow, and the grading of the said line had been largely completed, and the track had been partly laid.
'(3) That on the 29th day of July, 1912, the said Railroad Commissioners of the state of Florida did give notice in writing to the said Atlantic Coast Line Railroad Company and the said Seaboard Air Line Railway that they, the said Railroad Commissioners, would hold a meeting in the said town of Bartow on the 21st day of August, 1912, at 10 o'clock in the morning, to hear and consider whether or not the said Railroad Commissioners ought to make an order requiring the said Atlantic Coast Line Railroad Company and the said Seaboard Air Line Railway to erect a joint passenger station in the said town of Bartow, and, if so, of what dimensions and arrangements and with what conveniences the same should be constructed, and also where the same should be located.
'(4) And thereafter, on, to wit, the said 21st day of August, 1912, at 10 o'clock in the morning, pursuant to said notice, the said Railroad Commissioners, being then and there duly in session at Bartow, the said Atlantic Coast Line Railroad Company and the said Seaboard Air Line Railway then and there appeared by their representatives, who were fully heard in the premises. And likewise appeared certain persons as representatives of the citizens and town council of the town of Bartow, and both sides were represented by counsel, and were fully heard. And thereupon the said matter was taken under advisement.
'(5) That thereafter, on, to wit, the 6th day of September, 1912, the said Railroad Commissioners did make and enter their certain order No. 369, in words and figures following, to wit:

"Order No. 369.

"File No. 3296.

"Before the Railroad Commissioners of the State of Florida.
"In the Matter of the Erection of a Joint Passenger Station by the Atlantic Coast Line Railroad Company and the Seaboard Air Line Railway in the Town of Bartow.
"After due notice to the Atlantic Coast Line Railroad Company and the Seaboard Air Line Railway, this matter came on for consideration at the courthouse in Bartow, Florida, on the 21st day of August, 1912; the said Seaboard Air Line Railway appearing by Mr. W. L. Sedden, chief engineer, and Honorable W. J. Oven, division counsel, the said Atlantic Coast Line Railroad Company appearing by Mr. M. Riddle, general superintendent, the original petitioners appearing by Honorable W. J. Brady, their counsel, the board of trade of Bartow appearing by J. G. Gallamore, Esq., and Messrs. Albritton, Goode, Wilson, Hutton, and Bailey appearing for the various petitioners, all of whom were fully heard. The commissioners also inspected the various locations suggested for a joint station, and thereupon the matter was taken under advisement.
"Now, in this day, the said matter coming on for further consideration, and the commissioners being advised in the premises, do find that the Atlantic Coast Line Railroad passes through Bartow; that the Seaboard Air Line Railway Company owns right of way through the said town to the right of way of the said Atlantic Coast Line Railroad; and that each of said companies is engaged in transporting passengers from points in Florida to other points in Florida; and that, upon the completion of the said Seaboard Air Line Railway to Bartow, Bartow will be the connection point from which passengers traveling to points on one of said lines to points on the other of said lines will be transferred; that, for the proper accommodation of the traveling public, the said Atlantic Coast Line Railroad Company and the said Seaboard Air Line Railway ought, in view of the conditions shown at said hearing, to be required to ercet and maintain a joint passenger station at the said town of Bartow.
"That, in view of the said conditions, the location hereinafter described is the most feasible location for said station because of its reasonable convenience to the said town of Bartow and its proximity to the said lines of railroad, and that the said companies now own the lands wherein it appears most feasible to locate said station.
"Wherefore, we, the said Railroad Commissioners of the state of Florida, do hereby order and adjudge that the said Atlantic Coast Line Railroad Company and the Seaboard Air Line Railway shall erect a joint passenger station at the said town of Bartow, and that the said station shall be provided with separate waiting rooms and ticket windows for the white and colored races, according to law, the waiting room for white persons to have floor dimensions of at least 650 square feet, and the waiting room for colored persons to have floor dimensions of at least 440 square feet; that suitable toilet rooms for each sex shall be provided for white passengers, and suitable toilet rooms for each sex for colored passengers, and that suitable sheds, platforms, and walks, and a suitable baggage room shall be provided; that adequate lights and all other facilities and conveniences necessary and suitable for the proper operation of the said station shall be provided; and that the said station shall be located at the intersection of the Atlantic Coast Line Railroad with the Seaboard Air Line Railway extended from its present proposed terminus along the right of way now owned by the said Seaboard Air Line Railway, the said station to be adjacent to the said Atlantic Coast Line Railroad, and west thereof, and adjacent to the said Seaboard Air Line Railway when completed to the said intersection, and south of the said Seaboard Air Line Railway.
"It is further ordered that the said companies submit to us plans of the said station building,
...

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