The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1889-05-07
HKA D-NOTES 20 DECISIONS OF TRD
SUPREME COURT OF FLORIDA.
January Term. A. D. 1889.


William s. Spar, and H. r. Duval. Receiver
Florida Railway and Navigation Company,
Appellants w. The Florida southern Railway
Company, Appellee-Aarion county.
NrrcHnLL. T.:
The defendant, s., borrowed $500 from CON-
claimants and gave his notes for the same, and
10 secure the payment OF the notes executed 10
compliments cllattel ::AOrtgsge on a steam.
boat The notes fell due and were not paid, and
complainants commenced suit to foreclese the
mortgage, and prayed for injunction and the ap-
poinmc of Receiver; the Injunction was
granted and Receiver appointed. The defend
ant, s., pleaded his infancy At the time of the
making OF the notes aud executing the mort
gage; The plea was sustained on demurrer; mo-
ton was made to vacate the order granting in
junction and appointing Receiver, and nff1da-
Wits were submitted in favor Of and ag tinst the
motion, but neither the aff1Javits nor anything
in the record denies the infancy Of 8. ut the time
Of making the notes and mor'g ,ge, or shows an
atfi nation OF the contract after he attained his
mai 'riy, but his infancy is nffirmatively shown
by affidavit Held, That il WIS error TO refuse to
vaca'e the order granting injunction and APP
,inling n Il 'sriver.
Order gr.niing injunction and appointing Re-
ceivcr vacated.
,Tno. A. Henderson, for appellants; Calhoun
& Davis, for appellee
The p & A. R,iro. Cpnp,nv Appellant,
W. the State oi Florida Appellee
R>xEY, c j.:
/. rnr csorccmnnt Of "A tariff of freight and
pass n-er rates winch will no, pay The expenses
o. Op"r dung "a railroad, held, upon the plead
lnLS. 10 show nhns- of The di-cr-ron given t.
Z .iiro,d Commissioners by the statute anthoriz-
ng iiirln 10 prescribe reason lb. aud ilsi rlt,..
u freight and pis-cng transportation. and t.
amount 10 ttking Of the railroad c,mpany's
pronrr'V without lust cDmD"nstiIpn
9 Tnc effect OF the provision at the x abroad
Cpmni-sinn statute that the schedules Of rates
fixed 10y the Commissioners shall, in any nction
brought in the courts of this ) ale against n
railroad company he deemed and taken suffi
cient evidence that The rates fixed therein are
Just and reas 'nabe rates for The transportation
OF passengers n d trrlgnts and cars is not u
MAKE such schedules conclusive as against Judi
clal inquiry, but is 10 provide new mole OF
nrnviDg The reAs nabltn, 5, and just character of
The ra'rs liked 10y HE Commissioners and MAXI
HE schedules competent and al nate tvi lencc
OF the correctness Of The ac ion 81 Tie Commits
.innc:s in ~" absence OF cpuntervailing proof
th,i I'll have exceeded their powers, or abused
their discretion aud inya !ei som: i,ht OF tn
railroad 'mpeny.
3 Where i tariff ~ freight a1i passenger
rate Is been rs 1D.i>i,r' ID. ~. ItuIroti = IN
;nj>~lpnrr,, ana lhf. rlIl'uh com ,4nv and the
'"tn ni s;nntr- = ifr = - whrHer such rates.
cons. e e. ~ \ Wlpir, " j prove mtn~ta'iv,-
70 the CptnntnN AMI there /, room tor Il differ
nee 0t rae lIent opininn on lhr que, ION lie
cpl rt~ ct,npt interfere or substitute tpcir i.ig
inenj Tor th;t II tu, Commas i0ucls, bat tir
- A. tx't ~ IA. ,nm.-.i ,;lrr~ ~ ~ il :,
ar = ihe r"fT1 g.. cpncrsnrI. be ictt to tn
tc-t e * p-'lGIcut.
Tee copH> Heve no pAw t, msae freight
or pl--e tgrr l.i.,t-.
). The comets " II Mt interfere or gram 30
ryhrf toa r.5r'al company u,on 4 complain,
~