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STATE v. NORFOLK SOUTHERN RAILWAY COMPANY

No. 451.

106 S.E.2d 681 (1959)

249 N.C. 477

STATE of North Carolina ex rel. NORTH CAROLINA UTILITIES COMMISSION v. NORFOLK SOUTHERN RAILWAY COMPANY and Southern Railway Company.

Supreme Court of North Carolina.

January 28, 1959.

Attorney(s) appearing for the Case

Simms & Simms and Joyner & Howison, Raleigh, for defendants Norfolk Southern Railway Co. and Southern Railway Co., appellants.

Armistead J. Maupin, Raleigh, for plaintiff, appellee.

HIGGINS, Justice.

The North Carolina Utilities Commission, in the exercise of its intrastate rate making power, approved as just and reasonable a schedule of rates based on mileage. In order to simplify the calculations and avoid fractions, distance brackets were set up in the schedules. The Commission approved a per-ton rate of $1.30 on sand and gravel for distances 80-100 miles; and $1.40 for distances 101-125 miles. Rates for other distances are not material to...

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