The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1907-03-15

/ corporation 10 the public service
which it is authorized TO perform is
adequate. and is being operated in a
reasonably safe and convenient man
ner for the proper rendering OF such
public service. may be determined by
/ the courts when the question is duly
presented by the State through its
proper official representatives and
| in determining the question. any le
gal method of ascertaining the ma
terial and essential facts may be
adopted which is best suited to the
case.
= .
! In determining whether or not the
railroad, track. rolling stock and 9th.
er equipment of a common carrier
railroad corporation is reasonably
sufficient and is being maintained
and operated in reasonably safe and
adequate condition, and is being man
public service that the corporation
has undertaken to perform. the condi-
I tons under which the service is be.
ing rendered. the character and eX-
tent of the service it's reasonable re.
Iquirements and the means. facili-
ties, and methods best suited to such
service is common use will be cOnsid
erpd by the court. together with any
other material and pertinent matters
available.
3
The allegations of the alternative
writ show that for more than a year
the respondent railroad company has
VIGOROUSLY neglected its duty to he
track TO be and remain in a most un
reasonably bad and unsafe condition
by allowing the roadbed to run down
and become unfit and unsuitable for
railroad use. by allowing a large per
centage OF its crOssties, that are rot
ten and wholly incapable of support.
ing the rails aud empty cars and in
capable OF holding the iron spikes
driven in them to keep the rails in
place to remain unreplaced by prop
er and suitable ties, by using rails
that are light and insufficient in size
and weight, and by allowing broken
angle bars or plates and bolts used in
connection with the rails to remain on
the track, and that in consequence OF
such neglect of duty numerous cas-
ualities have recently occurred upon
said lines of railroad resulting in the
needless destruction OF human life
and waste OF property: that for the
same period of time the respondent
has failed and is now failing to pro
vide sufficient motive power and fla
land box cars and other facilities fol
the handling of freight actually offer
ed and is being offered for transporta
!tion; and that the respondent ha:
failed and is failing TO transport anC
deliver with reasonable dispatch ant
safety freights which have been &C
cepted by it for transportation. to thu
great injury of the public These AM
other allegations of the alternativ,
writ state a most fragrant disregard
and violation of the duty which tn,
respondent owes 10 the public. by al
lowing its rOadbed and track TO mos
unreasOnably become and remain in
condition palpably unsafe and insult
able for the service the responder
has undertaken 70 render to the pull
lie, and by falling to furnish adeauat
motive power, cars and other facil
ties, and to transport and delive
with reasonable safety and dispatc
freights accepted by it for transpol
tatiOn. Such gross neglect of duty !
an abuse of the rights and privilege
= received from the State and exerci.
: ed by the respondent in its undertal
: ing by permission if the State TO rer
der the services of a common CARRIE
: and the State has a clear right TO CO.
: rect such abuse and TO enforce tn
performance OF ar adequate and prov
er service. While a discretion is a
lowed A common carrier corporatio
1 In the means and manner OF the di:
charge of the duty it owes TO the pull
> lie. such discretion must be exercise
in good faith and with reasonable r,
gard for the requirements Of the pull
lie service. When all the necessar
facilities are furnished and operate
: so as 20 reasonably meet the just r.
QuirementS OF the public service tn
4 law in that regard is satisfied.
An alternative writ NAV ne amend
ed.