Legal Opinion

Southern Railway Co. v. City of Winston-Salem

Court of Appeals of North Carolina

Decided February 26, 1969No. 6921SC2PublishedCited by 2 opinions

1Opinion of the CourtParker, J.

Appellant railway attacks the allocation of the cost of erecting and maintaining the required signal devices at the two grade crossings of its tracks by City streets made by the two ordinances here in question as an arbitrary and unreasonable exercise of its police powers by the defendant City under all existing conditions and circumstances, thereby violating the Fourteenth Amendment of the United States Constitution and Article I, Section 17, of the North Carolina Constitution. The standard by which a valid exercise of the police power is to be tested has been stated by the North Carolina…

2Cases cited20 opinions

  1. Nashville, Chattanooga & St. Louis Railway v. WaltersSupreme Court of the United States · 1935
  2. Erie Railroad v. Board of Public Utility CommissionersSupreme Court of the United States · 1921
  3. Atchison, Topeka & Santa Fe Railway Co. v. Public Utilities CommissionSupreme Court of the United States · 1953
  4. Underwood v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1962
  5. Upchurch v. Hudson Funeral Home, Inc.Supreme Court of North Carolina · 1965

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3Cited by2 opinions

  1. Craig v. County of ChathamCourt of Appeals of North Carolina · 2001
  2. Craig v. County of ChathamCourt of Appeals of North Carolina · 2001

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