Atlantic Express Co. v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
This proceeding was beard at April Term, 1892, of the Superior Court of Wake County, before Connor, J., upon an appeal from the Railroad Commission. The Court rendered the judgment, which appears in the record, and the plaintiff excepted to said judgment and appealed to the Supreme Court. The pleadings, facts found by Commissioners, judgment of Commissioners, judgment of Court and plaintiff’s exception constitute case on appeal.
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This proceeding was beard at April Term, 1892, of the Superior Court of Wake County, before Connor, J., upon an appeal from the Railroad Commission. The Court rendered the judgment, which appears in the record, and the plaintiff excepted to said judgment and appealed to the Supreme Court. The pleadings, facts found by Commissioners, judgment of Commissioners, judgment of Court and plaintiff’s exception constitute case on appeal. The plaintiff complains and alleges— 1. That it is a corporation duly incorporated under and by virtue of the laws of the State of North Carolina, passed by the…
1Opinion of the Court
Shepherd, C. J.:
Although we are of the opinion, for the treasons hereinafter stated, that the particular relief asked for in this proceeding is not authorized by the provisions of what is known as the “ Railroad Commission Act,” still we ■do not feel at liberty to ignore the important question of jurisdiction suggested in the answers of the defendants and the arguments of counsel. The question is a serious one, and involves in a great measure the efficiency of the legislation designed for the “supervision” of railroad companies, and ■other common carriers, in respect to the fixing of…
2Cases cited6 opinions
- Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
- Chicago, Burlington, & Quincy Railroad v. IowaSupreme Court of the United States · 1877
- Atchison, Topeka & Santa Fe Railroad v. Denver & New Orleans RailroadSupreme Court of the United States · 1884
- Railroad Company v. RichmondSupreme Court of the United States · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- Blue v. BeachIndiana Supreme Court · 1900
- State ex rel. Taylor v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- State Ex Rel. Taylor v. City of JacksonvilleSupreme Court of Florida · 1931
33 more not listed; retrieve them via the Exa API.