Atlanta & Charlotte Air Line Railway Co. v. Spartanburg Terminal Co.

Stukes, Chief Justice.

This case turns upon whether one railroad corporation may cross by its track the right of way and tracks of another railroad without prior order of the State Public Service Commission. We think that it cannot, perforce Sec. 58-991 of the Code of Laws of South Carolina of 1952, which follows:

“The Public Service Commission shall regulate and control by special order in each case the manner in which any street railway or other railroad track may cross any railroad track and the manner of constructing culverts under any railroad so as to effect proper drainage of adjacent…