Southern Power Co. v. North Carolina Public Service Co.

This writ must be dismissed. The petition therefor statéd that the cause involved a grave question of vital importance to the public, and alleged as special reason for its reexamination that the decree would deprive petitioner of property without due process of law and of freedom to contract, contrary to the Federal Constitution. The opinion below is reported in 282 Fed. 837.

The argument developed that the controverted question. was whether the evidence sufficed to establish actual dedication of petitioner’s property to public use — primarily a question of fact. That is not the ground upon…