State Ex Rel. North Carolina Utilities Commission v. City of Kinston

TLe question presented at tbe tliresliold of the case is whether the protestants are entitled to prosecute the appeal from the order of the Utilities Commission to the Superior Court. The protestants rely upon Utilities Com. v. Coach Co., 216 N. C., 325, 4 S. E. (2d), 897; S. c., 218 N. C., 233, 10 S. E. (2d), 824, for an affirmative answer. The Railroad Company cites Corp. Com. v. R. R., 170 N. C., 560, 87 S. E., 785, as authority for a negative reply.

It is provided by C. S., 1097, that “From all decisions or determinations made by the Utilities Commissioner any party affected thereby shall…