Darby v. Southern Ry. Co.

I regret that I am unable to agree with the conclusions and result of the opinion of Mr. Acting Associate Justice Thurmond and feel that I should, at least in part, state my reasons. The result of it will, it seems to me, practically deny to the State, unless and until new legislation be enacted, power to effectively regulate in the public interest, through the Public Service Commission, the intrastate service- of the railroads, although the power and machinery of regulation reasonably protective of the public have long been thought to exist. See Chapter 160 of the Civil Code of 1932, some of…