Seaboard Air Line Railway Company, Louisville & Nashville Railroad Company and the Motor Transportation Company of…

Summary

The Court held that the Florida Railroad Commission’s order granting a certificate of convenience and necessity to Union Bus Company was invalid because the Commission failed to consider the existing railroad service, contrary to the statutory requirement to evaluate other transportation facilities. Accordingly, the petition to quash the writ of certiorari was denied and the Commission’s order was set aside. The decision relied on the language of Chapter 13700 and prior Florida cases interpreting the scope of review. Justice Buford, in a concurring opinion, agreed with the result but argued that the majority erred in concluding that adequate railway service eliminates a finding of public convenience and necessity for the bus line.