Legal Opinion

SOUTHERN RAILWAY COMPANY v. Commonwealth

Supreme Court of Virginia

Decided March 9, 1964No. Record 5724PublishedCited by 16 opinions

1Opinion of the CourtCarrico, J.

Southern Railway Company was charged, in a warrant issued on the complaint of the Chief Forest Warden of Albemarle County, with failing to keep its right of way clear of weeds, grass and decayed timber, in violation of Code, § 56-426. Following its conviction in the County Court, the railway appealed to the Circuit Court.

In the Circuit Court, the railway entered a plea of not guilty and also filed a demurrer which attacked the constitutionality of Code, § 56-426. The Court, sitting without a jury, heard the evidence, overruled the demurrer, convicted the railway and, pursuant to Code, §…

2Cases cited8 opinions

  1. Checkley v. Illinois Central RailroadIllinois Supreme Court · 1913
  2. Norfolk Southern Railway Co. v. LassiterSupreme Court of Virginia · 1952
  3. Richmond & Danville Railroad v. MedleySupreme Court of Virginia · 1881
  4. Fallon Florist, Inc. v. City of RoanokeSupreme Court of Virginia · 1950
  5. Caldwell v. CommonwealthSupreme Court of Virginia · 1956

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3Cited by16 opinions

  1. Rhoades v. StateIdaho Supreme Court · 2010
  2. Volkswagen of America, Inc. v. QuillianCourt of Appeals of Virginia · 2002
  3. Wiley v. County of HanoverSupreme Court of Virginia · 1968
  4. Roanoke City School Board v. Times-World Corp.Supreme Court of Virginia · 1983
  5. Wilson v. CommonwealthCourt of Appeals of Virginia · 2009

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