The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1907-03-15
Supreme Court Sustains its Contention That t
Railroad Must Repair its Tracks and
Give Better Service,
Ocala Started the Movement which las Resulted
in Settling the Law Relating to Railroads.

DeSdn All dSllallOD Oh lne general
subject of railroad transportation
and as result of the effort of the
Board, the Attorney General, w H.
Ellis, began mandamus proceedings
against the Atlantic Coast Line
Railroad Company, and below We
give the substance of the opinion of
the court which proves to be of
general interest.
In the Supreme Court of Florida. En-
Banc.-January Term, A d., 1907
The State of Florida, ex rel, w. H.
Ellis, as Attorney General, Relator,
VS.. Atlantic Coast Line Railroad
Company, a Corporation, Respon-
dent
The Attorney-Gene in mandamus
proceedings alleges that the respond
ent railroad company for more than
year has not performed its duty to
the Public as a common carrier in
that its roadbed and track are not
maintained i'm a safe and suitable
condition, its motive power and fiat
box cars are not sufficient in numbers
and that the freights accepted are not
transported with safety and dispatch,
by reason of which great injury has
resulted to the public. The a''nrna-
tive writ commands the performance
of this duty.
1t is cOntended on motion to quash
the alternative writ that the duty
therein alleged is not commanded by
statute or by the terms of the char
tiers, and that therefore mandamus is
not the proper remedy: and further,
that the allegations and commands of
of the writ are so general. vague and
that they cannot be definitely re-
piled to, performed OF enforced.
The alternative writ does not re-
Quire the performance of specific acts.
but in rather broad terms il com
mands the respondent to perform GER
tain branches or parts of a general
duty it owes to the public in render
ing the service of common carrier.
The statutes of this State do not
enumerate all the duties which a rail
road corporation owes to the public.
There are however. certain general
duties 70 the public a railroad COM
pany assumes in consideration of its
franchises and privileges received
from the State. and as a result of its
undertaking TO render TO the public
the service of common carrier. The
duty here commanded is implied by
law and is binding upon the railroad
corporation when il receives and ex
erciseS franchises and privileges that
can be held and exercised only by 10
gal authority derived from the SOY
ereign power.
The common law writ of mandamus
may be issued TO specifically enforce
the performance of duty imposed
by law upon railroad corporation
where no other adequate remedy i,
provided by law. The writ of man
damus does not supersede legal rem
e,lies. but rather supplies the wan
OF legal remedy. therefore, two pre-
requisites must exist to warrant
court i'm granting this eXtraordinar,
remedy: first. it must appear that III
relator has a clear, legal right TO tn,
performance of the particular dut,
BY the respondent: and, second, tina
the law affords no other adequate o
specific remedy tn secure the pei
Torrance of the duty which it i
sought 10 coerce.
The object of Incorporating raj
road companies is to secure to tn
public increased facilities for transi
from point 20 point. and an improve
mode of carrying persons and prope
ty Railroad companies ar
creatures OF the law. and are il
trusted with the exercise of certai
powers TO promote the public intere>
and are. therefore, bound to condut
their affairs in furtherance of the pul
lie objects Of their creation"
"A railroad company is a qua
public corporation. and all its right
and powers are conferred upon it nj
merely for the benefit of the corp
ration itself, but also in trust for tf
benefit of the public: and whenevt
il neglects or fails 10 perform any {
its corporate duties. it may general
be compelled to perform the same b
an action of mandamus. The dul
resting upon a railroad corporate
to perform whatever has been legal
enjoined upon it by legal and prop'
authorities. is duty resulting fro