Corporation Commission v. Railroad—"Industrial Siding Case"
Supreme Court of North Carolina
ActioN by State ex. r'el. North Carolina Corporation Commission, upon petition of the Eound Pine Lumber Co., against the Seaboard. Air Line Eailway, heard by Judge M. II. Justice and a jury, on appeal from order of the commission, at the September Term, 1905, of'the Superior Court of Wake. From a verdict and judgment thereon, the defendant appealed.
1Opinion of the CourtClark, C. J.
The Corporation Commission Act, Laws 1899, chapter 164, section 2, enumerates in twenty-six sub-*240beads the powers conferred upon the Corporation Commission. Among these, sub-section 15 authorizes the commission, “To require the construction of sidetracks by any railroad company to industries already established or to be established, provided it is shown that the proportion of such revenue accruing to such sidetrack is sufficient within five years to pay the expense of its construction,” and further restricting the power by forbidding the commission to require the construction of any sidetrack…
2Cases cited3 opinions
- Atlantic Express Co. v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1892
- Corporation Commission v. RailroadSupreme Court of North Carolina · 1904
- Corporation Commission v. Seaboard Air Line SystemSupreme Court of North Carolina · 1900