Ortega Co. v. Triay, 260 U.S. 103 (1922)

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Ortega Co. v. Triay

No. 75

Argued October 18, 19, 1922
Decided November 13, 1922
260 U.S. 103

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF FLORIDA

Syllabus

1. Under legislation empowering it to make reasonable and just rates to be observed by all railroad companies and common carriers in the state, the Railroad Commission of Florida has power to authorize a railroad company to increase its fare. P. 108.

2. Section 30 of Article XVI of the Florida Constitution, in investing the legislature

with full power to pass laws . . . to prevent . . . excessive charges by persons and corporations engaged as common carriers in transporting persons and property,

did not, by implication, withhold power to authorize increases. P. 108.

3. A covenant to operate at a certain fare, made by the vendee in consideration of a sale of an electric railroad, cannot prevent a change of fare directed by public authority, acting in the public interest, under laws existing when the covenant was made.

Affirmed.

Appeal from a decree of the district court refusing a preliminary injunction and dismissing the bill in a suit to enforce a covenant for the operation of an electric railroad for a specified fare, and to restrain the appellee from collecting a higher fare as allowed by a public commission.