The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-12-12
HEADNOTES OF
SUPREME COURT
CASE OF W. }. BERRY vs.. LOUIS
VILE &, NASHVILLE Is AFFIRM
ed BY TIE FLORIDA TRIBUNAL.

Tallahassee, Dec. 11.-The follow
ling decisions have been rendered by
/ the supreme court:
Louisville & Nashville Railroad
Company, q corporation, plaintiff iu
/ error, y. w. }. Berry, defendant in err
! rOr; division A-Escamlia county
ShacklefOrd, 7.
l, Where the regular fare charged
/ Dy q railroad company is four cents
per mile and a passenger Who
boarded one of the trains there
on, rendered in payment OF his pass
age from one station to another OF
such road, q distance of 12J miles, his
mileage book containing coupons Tor
125 miles and I'VE cents in money,
such company has no legal right to
demand Of such passenger FIVE cents
additional fare, under the rule adopt
ed by the State Railroad Commits
sion, Ten 10J cents as minimum
fare may be collected where the TeEu-
lar fare would be less than that
sum"
2. Reasonable conditions. reguIa-
tons or rules may be enforced by a
railroad company in such an arbitrary
aud unreasonable manner as to make
such company liable TO respond in an
action for damages
Judgment affirmed,
BIoUnt & Blount x Carter, fOrplain-
| tiff IN error; Avery & Avery, for de-
/ PENDANT in error.
Commissioner Decision,
Thomas Brewer, plaintiff in error,
Y. Medford r. Kellum, by A, Z. Hey.
ser, his attorney, by leave and in tie
name of PARK TTammel, the attorney
general of the state OF Florida. a re
lator, defendant in error; diVisiCa A
Dade county ShaCklefOTd, ],
Assuming, since IL was SO treated
by the parties and the cot DeloWI
that the position Of chatham or
board Of county commissioners IS an
Office the title to which On De lnquIr-
ed into and ALTERNATELY quo war
ranto proceedings, unSr sec'tGt 400
Of the General States OIL 111s
board of county COMMISSIONERS 5ay
elect a chairman atany regular LnAt-
in, However Questionable as q ma
tor of r,nTfrv suh course mlSht bes
the members OF such BOARD Woult
seem TO have the legal righC 70 So.
chairman to preside over me-
meeting as often as they saw nj 81
te,-yf0J prUT1ueu sum ss4H-iluh - -1
at a legal meeting.
Judgment reversed.
f, II. Rand, Jr., for plaintiff in e
ror; 4. Z. Heyser, for defendant IL
error.
AIachua County Decision.
R.H. Owen, plaintiff in error, V. The
State Of Florida, defendant in error;
En- Banc.-AIachua county. Whitfield,
C. ].
of right upon demand, and when taken
in criminal cases, may under the
ruIes of the court be voluntarily DIS
missed for the purpose Of facilitating
the administration Of justice, but they
NAV not be dismissed when the ap-
narent Durpose is to delay a review
of the case and thereby Violate the
mandate of the constitution that
fright and Justice shall be admins
tered without = . delay.
. Where a transcript Of the record
proper in a criminal case has been
! broIgHt to this court on writ or err
u, foT,an nv a convicted defendant.
and II is made to appear that no Dill
| of executions was made UP and au-
! tbentfcated in the cause, and that me.
! Trocess OF the court viii be used 10.
/ in effect violate the mandate OF the
/ Ioretitution that fright and justice
ebaU he administered without
5aIav" an application by the DlalnuH
I IN 6rToY. tn dismiss the writ OF error
! viii be denied; and upon q moLlol OF
fine attorney general acting TOT inc
etste. fDT an afIrmaHce OF the JulS-
@1orf if on a careful consideration OF
The transcript of the record proper
fl,--ouelIt here in response to the writ
If error no errors appear in the rec
ord of the Indictment arraignmentt'
trial and conviction OF the accused
the fudzment viii be affirmed
! Judemeut affirmed
| W 8. Ero0me and w. T. Baker. TOT
/ ,1afrrff I'm error. Park Trammeis at
/ +ornpv general. for the state.