§ 37-2-113 — Orders of Commission - Remedy for Noncompliance

Alabama § 37-2-113

• Jurisdiction: Alabama
• Title 37: Public Utilities and Public Transportation
• Ch. 2: Transportation Companies
• Art. 1: General Provisions
• Div. 4: Regulations for Convenience of Passengers

Text

The Public Service Commission must notify the district attorney of the proper circuit and the Attorney General of the failure of any railroad company or person operating a railroad to comply with any order made by such commission for the erection of sitting or waiting rooms, within 60 days after the expiration of the period within which such sitting or waiting rooms are to be erected; and thereupon, it shall be the duty of the district attorney, under the direction of the Attorney General, to bring a civil action in the name of the State of Alabama, or take other appropriate steps in the circuit court, or before the judge of the circuit court to compel the erection of such sitting or waiting rooms. For the purpose of entertaining, hearing, and deciding such cases, the circuit court shall be always open, and the circuit judge may make all needful orders and issue all writs and process. If the person or corporation refusing or failing to obey such order claims that the same is unreasonable or unjust, such person or corporation may, on demand, have the facts tried by a jury, in accordance with the Alabama Rules of Civil Procedure. From any judgment made under this section, an appeal lies to the supreme court within 42 days from the entry thereof, and such appeal shall be heard as a preferred case.

Legislative History

(Code 1896, §3453; Code 1907, §5486; Code 1923, §9966; Code 1940, T. 48, §191.)