State ex rel. Utilities Commission v. Boren Clay Products Co.

PARKER, Judge.

Under G.S. 62-75 the burden of proof at the hearing before the Commission rested upon the respondent railroads to show that the proposed rates were just and reasonable. Utilities Commission v. R.R., 267 N.C. 317, 148 S.E. 2d 210 (1966). The Utilities Commission found that respondents had met that burden. Upon this appeal the order of the Commission allowing the rate increase shall be deemed “prima facie just and reasonable,” and protestant bears the burden of showing some error of law. G.S. 62-94. See Utilities Com. v. R.R., 235 N.C. 273, 69 S.E. 2d 502 (1952).

Protestant Boren…