Legal Opinion

State ex rel. Utilities Commission v. Great Southern Trucking Co.

Supreme Court of North Carolina

Decided December 15, 1943PublishedCited by 10 opinions

1Opinion of the CourtStacy, C. J.

Tbe question for decision is whether tbe showing made in tbe Superior Court suffices to overcome tbe “prima facie just and reasonable” disposition of tbe matter by tbe Utilities Commission. Tbe trial court answered in tbe negative, and we cannot say tbe result should be disturbed.

Tbe ruling in tbe court below was on demurrer to tbe evidence, and as no challenge was interposed to tbe appeal as such, this latter question, debated on argument, is neither considered nor decided. Its determination seems unnecessary in tbe view we take of tbe case.

Tbe scintilla rule is not applicable here. Tbe…

2Cases cited9 opinions

  1. Lyeth v. HoeySupreme Court of the United States · 1938
  2. Robert R. Prentis v. Atlantic Coast Line CompanySupreme Court of the United States · 1908
  3. Belk's Department Store, Inc. v. . Guilford CountySupreme Court of North Carolina · 1943
  4. State Ex Rel. Corporation Commission v. Cannon Manufacturing Co.Supreme Court of North Carolina · 1923
  5. Corporation Commission v. . R. R.Supreme Court of North Carolina · 1916

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. DeWitt v. Eveready Battery Co., Inc.Supreme Court of North Carolina · 2002
  2. State Ex Rel. Utilities Commission v. Carolina Utility Customers Ass'n Inc.Supreme Court of North Carolina · 1998
  3. State Ex Rel. Utilities Commission v. Piedmont Natural Gas Co.Supreme Court of North Carolina · 1997
  4. State ex rel. Utilities Commission v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1951
  5. Eason v. Union CountyCourt of Appeals of North Carolina · 2003

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API