State ex rel. Board of Railroad Commissioners v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Petition by C. T. Pate and. other citizens of the State living near Purvis, on the Wilson & Fayetteville Branch of the Wilmington & Weldon Railroad Company, filed with the Railroad Commission, asking that an order be made requiring the defendant to establish a railroad station, with freight, express and telegraph office at Purvis.
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Petition by C. T. Pate and. other citizens of the State living near Purvis, on the Wilson & Fayetteville Branch of the Wilmington & Weldon Railroad Company, filed with the Railroad Commission, asking that an order be made requiring the defendant to establish a railroad station, with freight, express and telegraph office at Purvis. The Commission, after finding the facts, rendered judgment as follows : “The Commission concludes, from the evidence and information received, that the public convenience and necessity demand, and the business that is and would be offered at Purvis is such as to…
1Opinion of the Court
Clark, J.:
The appellee moves to dismiss this appeal because taken direct from the- Rail Road Commission to this Court instead of to the Superior Court. The point was considered and adjudged in the cases of Rhyne v. Lipscombe, State v. Ray and Tate v. Commissioners, at this Term. It was held in those cases that the Superior Court having been created by the Constitution, the Legislature could not abolish it either in whole or in part and that Section 12 Article IV authorizing the General Assembly to allot and apportion the jurisdiction of courts below the.Supreme Court “without conflict with…
2Cases cited5 opinions
- Atlantic Express Co. v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1892
- State Ex Rel. Caldwell v. WilsonSupreme Court of North Carolina · 1897
- State ex rel. Railroad Commissioners v. Western Union Telegraph Co.Supreme Court of North Carolina · 1893
- Mayo v. Western Union Telegraph Co.Supreme Court of North Carolina · 1893
- Leavell v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895
3Cited by5 opinions
- North Bend Stage Line, Inc. v. Department of Public WorksWashington Supreme Court · 1932
- Illinois Central Railroad v. DoddMississippi Supreme Court · 1913
- Ex parte FranceIndiana Supreme Court · 1911
- Commissioners v. . Telegraph Co.Supreme Court of North Carolina · 1893
- Chicago & Northwestern Railway Co. v. DoughertySouth Dakota Supreme Court · 1917