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NEW YORK, PHILA. & N.R.F. CO. v. COUNTY OF NORTHAMPTON

83 S.E.2d 773 (1954)

196 Va. 412

NEW YORK, PHILADELPHIA AND NOFOLK RAILROAD FERRY COMPANY v. COUNTY OF NORTHAMPTON and Others.

Supreme Court of Appeals of Virginia.

October 11, 1954.

Attorney(s) appearing for the Case

Benjamin W. Mears, Benjamin W. Mears, Jr., Eastville, Windsor F. Cousins, Philadelphia, Pa., C. A. Turner, Jr., Eastville, for plaintiff in error.

E. Sclater Montague, Hampton, B. Drummond Ayres, Accomac, Baxley T. Tankard, Eastville, Charles M. Lankford, Jr., Exmore, Philip L. Hoag, Richard R. Lyman, Mulholland, Robie & Hickey, Toledo, Ohio, for defendants in error.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.

HUDGINS, Chief Justice.

The New York, Philadelphia and Norfolk Railroad Ferry Company, hereinafter designated the Railroad Ferry Company, in this appeal challenges the power or authority of the circuit court of Northampton county to compel it to continue indefinitely the ferry service it was rendering on February 25, 1953, between Cape Charles, Old Point Comfort and Norfolk, Virginia.

The historical background of this controversy is substantially as follows...

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