Corporation Commission v. Railroad—"Industrial Siding Case"
Supreme Court of North Carolina
ActioN by State ex. r'el. North Carolina Corporation Commission, upon petition of the Eound Pine Lumber Co., against the Seaboard. Air Line Eailway, heard by Judge M. II. Justice and a jury, on appeal from order of the commission, at the September Term, 1905, of'the Superior Court of Wake. From a verdict and judgment thereon, the defendant appealed.
1DissentBrown, J.
The Corporation Commission Act, Laws 1899, chapter 164, section 2, enumerates in twenty-six subheads (240) the powers conferred upon the Corporation Commission. Among these, subsection 15 authorizes the commission, "To require the construction of sidetracks by any railroad company to industries already established or to be established, provided it is shown that the proportion of such revenue accruing to such sidetrack is sufficient within five years to pay the expense of its construction," and further restricting the power by forbidding the commission to require the construction of any…
2Cases cited7 opinions
- Atlantic Express Co. v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1892
- Corporation Commission v. RailroadSupreme Court of North Carolina · 1904
- Griffin v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Butler v. F. R. Penn Tobacco Co.Supreme Court of North Carolina · 1910
- Dewey v. RailroadSupreme Court of North Carolina · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Railroad Commission v. Alabama Great Southern R. R.Supreme Court of Alabama · 1913
- Griffin v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Missouri, O. & G. Ry. Co. v. StateSupreme Court of Oklahoma · 1911
- Butler v. F. R. Penn Tobacco Co.Supreme Court of North Carolina · 1910
- Dewey v. . R. R.Supreme Court of North Carolina · 1906
15 more not listed; retrieve them via the Exa API.