(Download) "Seaboard Air Line Railway Company v. A. S. Wells" by Division A. Supreme Court of Florida # Book PDF Kindle ePub Free
eBook details
- Title: Seaboard Air Line Railway Company v. A. S. Wells
- Author : Division A. Supreme Court of Florida
- Release Date : January 28, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
BROWN, J, (After making the above statement): Prior to the enactment of Chapter 13700, LAws of 1929, any person or persons who saw fit could operate indiscriminately, at will, and without any regulation whatever, so far as statute law was concerned, automobiles, busses and trucks for hire over the highways of this State. Railroad common carriers, who owned, constructed and maintained their own roadbeds and rights of way and paid taxes thereon, had long been under strict regulation and control. The numerous motor vehicle common carriers, which used the road beds and pavements constructed and maintained by the public, were free from regulation or control. The right of a citizen to travel upon the highway and to transport his property in the ordinary course of life and business differs radically from the use of the public highway to conduct a private business for profit.There can be no doubt that the latter is not an inherent right. It is rather in the nature of a privilege or permission which can be granted or withheld by the State, or, when permitted, can be subjected to regulation and control by the State. The operation of such motor vehicle carriers for profit on the public highways is a special use of them which tends to obstruct and impede ordinary traffic and requires additional construction, maintenance and repairs of the highways at the expense of the public. This condition of affairs furnishes additional reasons for their regulation and control. 42 C.J. 675; Pond on Public Utilities, 3rd Ed., Sec. 806; Cahoon v. Smith, 128 So. R. 632; State ex rel. v. York, 106 So. R. 418, 90 Fla. 625. The power of the State to exercise such regulation and control in the interest of the general public cannot be successfully controverted. 42 C.J. 641.
 "Seaboard Air Line Railway Company v. A. S. Wells" by Division A. Supreme Court of Florida # Book PDF Kindle ePub Free){kind=link}