Legal Opinion

North Carolina Corp. Commission v. Winston-Salem Southbound Railway Co.

Supreme Court of North Carolina

Decided January 12, 1916PublishedCited by 5 opinions

Appeal by plaintiffs from order of tbe Corporation Commission, beard by Garter, J., Spring Term, 1915, of ÁNSON. Tbe court dismissed tbe appeal, and tbe plaintiffs appealed to tbis Court.

1Opinion of the CourtBkowN, J.

It is contended tbat any individual may petition tbe Corporation Commission to direct tbe removal of any railroad station in tbis State to some place desired by petitioner, and if tbe Commission refuses, petitioner may appeal to tbe Superior Court and bave tbe matter submitted to tbe decision of a jury. Tbe contention is based upon section 1074, Revisal, viz.: “From all decisions or determinations made by tbe Corporation Commission any party affected thereby shall be entitled to an appeal.”

Tbe statute distinctly confines tbe right of appeal to a party to tbe proceeding.

Tbe petition sets forth…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Dewey v. RailroadSupreme Court of North Carolina · 1906
  2. State ex rel. North Carolina Corp. Commission v. Southern Railway Co.Supreme Court of North Carolina · 1909

3Cited by5 opinions

  1. State v. . R. R.Supreme Court of North Carolina · 1907
  2. Corporation Commission v. . R. R.Supreme Court of North Carolina · 1909
  3. Pate v. . R. R.Supreme Court of North Carolina · 1898
  4. Commissioners v. . Telegraph Co.Supreme Court of North Carolina · 1893
  5. State ex rel. North Carolina Utilities Commission v. Carolina Coach Co.Supreme Court of North Carolina · 1944

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