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FLEMING v. COMMONWEALTH

61 S.E.2d 1 (1950)

191 Va. 288

FLEMING et al. v. COMMONWEALTH ex rel. CLINCHFIELD R. CO.

Supreme Court of Appeals of Virginia.

September 6, 1950.

Attorney(s) appearing for the Case

W. G. Burnette, Lynchburg, for appellants.

James J. McLaughlin, A. K. McIntyre, Erwin, Tenn., A. G. Lively, Lebanon, for appellee.

Before HUDGINS, C. J., and GREGORY, EGGLESTON, BUCHANAN, and MILLER, JJ.

GREGORY, Justice.

The Clinchfield Railroad Company filed a petition on June 24, 1949, asking that it be allowed to curtail the operation of two of its passenger trains in Virginia which are operated daily between Spartenburg, South Carolina, and Elkhorn City, Kentucky, and return, a distance of 277 miles. The trains involved are Nos. 37 and 38, and are local trains making many stops. This railroad operates through Kentucky, Virginia, Tennessee,

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