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SOUTHERN RAILWAY COMPANY v. PENTECOST

330 S.W.2d 321 (1959)

SOUTHERN RAILWAY COMPANY, Appellant, v. C.L. PENTECOST et al., Appellees.

Supreme Court of Tennessee.

December 11, 1959.

Attorney(s) appearing for the Case

Clyde W. Key, Knoxville, Ferriss C. Bailey, Nashville, A.J. Dixon and Ray M. Van Hook, Washington, D.C., for appellant.

George Shuff, Nashville, for Tennessee Public Service Commission.

Harold Seligman, Nashville, for Shalite Corporation, Knox Concrete Products, Inc. and Southern Cast Stone Co., Inc.

SWEPSTON, Justice.

The determinative question in this case is whether or not by reason of the failure of the Southern Railway Company to include within its switching limits at Knoxville, Tennessee, the Shalite Corporation it is guilty of the violation of either or both of the two following statutory provisions:

T.C.A. § 65-512 provides as follows:

"Special rate, rebate or drawback by common carrier or public service company prohibited —...

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